WELSH v. DAVIS

Civ. No. 2890.

307 F.Supp. 416 (1969)

Margaret WELSH and John Welsh, Plaintiffs, v. Randy DAVIS and Golden Valley Transportation, Defendants.

United States District Court D. Montana, Great Falls Division.

December 31, 1969


Attorney(s) appearing for the Case

Arthur G. Matteucci, Swanberg, Koby & Swanberg, Great Falls, Mont., for plaintiffs.

Smith, Emmons & Baillie, Great Falls, Mont., for defendants.


OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

Count II of the complaint alleges that the plaintiff husband suffered nervous shock as a result of watching an accident in which his wife was injured. The motion to dismiss directly raises the question—under Montana law may one person recover for the emotional trauma caused by witnessing the infliction of death or injury of another? I conclude not.

The problem has not been resolved in Montana...

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