Emotional Distress Damages Are Not Recoverable by Non-Family Member

Summary

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A driver could not be awarded emotional distress damages for witnessing the death of a passenger, absent an intimate family relationship, the New Mexico Court of Appeals has ruled.

The plaintiff brought suit against a motorist whose negligence allegedly caused the death of the plaintiff's fiancee, which was a passenger on his motorcycle at the time of the accident. He sought emotional distress damages, arguing that because he was a direct victim of the accident he should be able to recover for all the injuries he suffered.

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Extract

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Emotional Distress Damages Are Not Recoverable by Non-Family Member

But the court, citing New Mexico precedent emphasizing that ...

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