Section 4.12 Bystander Claims

• Library: Tort Law 2016

D. (§4.12) Bystander Claims

Bass v. Nooney Co., 646 S.W.2d 765 (Mo. banc 1983), was limited to "direct victims of a defendant’s negligence," which excludes itself from discussion or standards applied in bystander cases in which emotional injury comes entirely from witnessing a third party’s injury. Jarrett v. Jones, 258 S.W.3d 442, 445 (Mo. banc 2008). Instead, the Supreme Court of Missouri waited until Asaro v. Cardinal Glennon Memorial Hospital, 799 S.W.2d 595 (Mo. banc 1990), to determine whether a plaintiff had an emotional distress cause of action from witnessing injury to a third party.

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