MOORE v. ECKMAN

No. 08-0414.

762 N.W.2d 459 (2009)

Carole N. MOORE, Shawn T. Moore, Individually (as Parents and Next Friends) and as Administrators of the Estate of Anthony C. Moore, Deceased, Appellees, v. Gregory ECKMAN, Molly Eckman, Nicole Eckman, and Pekin Insurance Company, Appellants.

Supreme Court of Iowa.

March 6, 2009.


Attorney(s) appearing for the Case

John M. Bickel and Sarah W. Anderson of Shuttleworth & Ingersoll, P.L.C., Cedar Rapids, for appellants.

Larry D. Helvey, Cedar Rapids, and James P. Craig and Samantha C. Norris of Lederer Weston Craig, PLC, Cedar Rapids, for appellees.


BAKER, Justice.

Defendant Pekin Insurance Company appeals in advance of judgment the district court's ruling denying its motion for partial summary judgment. Pekin claims that the district court erred in denying it summary judgment on Carole Moore's bystander liability claim because under Iowa law, a bystander must have had a sensory and contemporaneous observance of the injury-causing accident to recover for negligent infliction of emotional distress. Pekin argues...

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