STADLER v. CROSS

No. 49855.

295 N.W.2d 552 (1980)

Charles E. STADLER, et al., Appellants, v. Harry E. CROSS, Jr., et al., Respondents.

Supreme Court of Minnesota.

July 3, 1980.


Attorney(s) appearing for the Case

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Mary Jeanne Coyne, and O. C. Adamson, II, Minneapolis, Cook & Dokken and Stephen I. Dokken, Faribault, for appellants.

Murnane, Murnane, Conlin & White, Steven J. Krisch and John R. Hoffman, St. Paul, for respondents.

Heard before OTIS, PETERSON, and SCOTT, JJ., and considered and decided by the court en banc.


OTIS, Justice.

Plaintiffs brought an action for damages against defendants for negligent infliction of emotional and mental distress arising from the plaintiffs' witnessing of a traffic accident in which defendants' truck struck plaintiffs' child as he crossed a park road. In their answer defendants alleged that plaintiffs had failed to state a claim for which relief could be granted. Plaintiffs moved for a summary judgment dismissing defendants' defense of failure...

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