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HEGEL v. McMAHON

No. 15356-8-III.

931 P.2d 181 (1997)

85 Wash.App. 106

Christine HEGEL, as parent and natural guardian for Dale Hegel, Jr., a minor child; and Karna and Donald Hegel, Sr., wife and husband; and Dean Hegel and Mary Hegel, husband and wife, Appellants, and Donald Hegel, Jr., Plaintiff, v. Brett M. McMAHON; and Michael D. McMahon and Jane Doe McMahon, husband and wife, and the marital community comprised thereof, Respondents.

Court of Appeals of Washington, Division 3, Panel Five.

February 18, 1997.

Attorney(s) appearing for the Case

John R. Clark, Crary & Clark, Spokane, for Appellants.

Cheryl R.G. Adamson, Rettig, Osborne, Forgette & O'Donnell, Kennewick, for Respondents.

SCHULTHEIS, Acting Chief Judge.

Various members of the Hegel family arrived at the scene of a car accident and found Dale Hegel Sr. lying in a ditch by the road, seriously injured. Holding that family members must be present near the scene of the accident and observe its occurrence in order to bring claims for negligent infliction of emotional distress, we affirm the trial court's summary judgment dismissal of the Hegels' claims.

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