JAMES V. LIEB
375 N.W.2d 109 (1985)
NATURE OF THE CASE: James (P) appealed an order that sustained the demurrer of Lieb (Ds)
in P's action on behalf of their son for emotional distress after their son witnessed the
driver run over his sister.
FACTS: Trucking Service, Inc. (D), and driven by its employee, Lieb (Ds), was backing
west on Spaulding Street. The truck backed into the intersection of 50th and Spaulding
Streets, through a stop sign, and hit and ran over Demetria, killing her. Gregory helplessly
watched the entire incident. As a result of witnessing his sister's peril, Gregory became
physically ill and suffered, and will continue to suffer, mental anguish and emotional
distress. P, the parents, sued Ds. Ds demurred, contending that P's petition failed to
allege that Gregory was within the 'zone of danger' or in fear for his own safety, no cause
of action for emotional distress had been asserted under Nebraska law. The trial court
dismissed the petition. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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