CATRON V. LEWIS
712 N.W.2d 245 (2006)
NATURE OF THE CASE: Catron (D) sought review of a summary judgment for Lewis (D), a jet
ski operator, its owner, and the State, in P's action for emotional distress.
FACTS: P was operating a motorboat on Center Lake pulling two tubes ridden by two of his
daughter's friends, Samantha Rader and Aimee Stuart. Panek (D), a 14-year-old, accidentally
struck and killed Rader with a jet ski he was operating. The jet ski was owned by Lewis (D),
and the recreation area is operated by the State. P sought damages for emotional distress
from his witnessing the accident and his unsuccessful attempt to rescue Rader. P testified
that he saw Panek's jet ski hit the tube Rader was on and then saw Rader lying face down in
the water 'in a pool of blood.' Catron jumped in, swam over to her, and floated her back to
the boat. Rader was nonresponsive. With assistance, P was able to get Rader to shore. The
district court granted summary judgment in favor of the Ds, and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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