eBook details
- Title: Monte C. Hansen v. Sea Ray Boats
- Author : Supreme Court of Wisconsin
- Release Date : January 11, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This case is before the court pursuant to rule 41 of the Utah Rules of Appellate Procedure on certification from the United States District Court for the District of Utah. In its order, the district court certified three issues of law to be determined by this court: (1) whether a person not actually threatened with bodily harm who incorrectly but reasonably believes that he or she is actually threatened with bodily harm has a claim for negligent infliction of emotional distress that satisfies the "threat of harm" requirement of section 313 of the Restatement (Second) of Torts (1965), as adopted by this court in Johnson v. Rogers; (2) whether a person who witnesses others receiving bodily harm and fears for his or her own safety, although that person does not comprehend the source of the harm and therefore does not fear harm from that particular source, has a claim for negligent infliction of emotional distress that satisfies the "fear for ones own safety" requirement of section 313 of the Restatement (Second) of Torts (1965), as adopted by this court in Johnson v. Rogers; (3) if the answer to the first question is no, would the answer be yes if the person described therein witnesses a threat of bodily harm to an immediate family member.