GAIN v. CARROLL MILL COMPANY

No. 55437-4.

114 Wn.2d 254 (1990)

787 P.2d 553

STEWART L. GAIN, JR., ET AL, Appellants, v. CARROLL MILL COMPANY, INC., ET AL, Respondents.

The Supreme Court of Washington, En Banc.

March 8, 1990.


Attorney(s) appearing for the Case

Lehner & Mitchell, by Michael A. Lehner, for appellants.

Bullivant, Houser, Bailey, Pendergrass & Hoffman, by R. Daniel Lindahl, for respondents.


DORE, J.

The trial court dismissed a claim of negligent infliction of emotional distress caused by the negligent bodily injury of a family member. We hold the claim was properly dismissed, as the plaintiffs were not physically present at the scene of the accident.

FACTS

This case arose out of an incident on March 2, 1987, when James S. Gain, a trooper for the Washington State Patrol, was killed by a truck owned by respondent Carroll Mill Company...

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