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MARZOLF v. STONE

Nos. 65105-I, 65218-0.

960 P.2d 424 (1998)

136 Wash.2d 122

Christine HEGEL, as parent and natural guardian for Dale Hegel, Jr., a minor child; and Kama and Donald Hegel, Sr., wife and husband; Dean Hegel and Mary Hegel, husband and wife; and Donald Hegel, Jr., Petitioners, v. Brett M. McMAHON; and Michael McMahpn and Jane Doe McMahon, husband and wife, and the marital community composed thereof, Respondents. Barton P. MARZOLF, Sr., individually, and as Personal Representative of the Estate of Jeremy A. Marzolf, Petitioner, v. Bonnie Rae STONE, individually, and John Doe Stone, her husband, and the marital community composed thereof; Snohomish School District No. 201, a municipal corporation; Snohomish County, a municipal corporation; John Does 1-3, Respondents.

Supreme Court of Washington, En Banc.

Decided August 20, 1998.

Attorney(s) appearing for the Case

De Funis & Balint, David Balint, Marco De Funis, Seattle, for Petitioner Marzolf.

Crary & Clark, John R. Clark, Spokane, for Petitioner Hegel.

Rettig, Osborne, Forgette, O'Donnell, Iller & Adamson, Cheryl Adamson, Kennewick, for Respondent McMahon.

Jim Krider, Snohomish County Prosecutor, Alfred Gehri, Deputy Snohomish County Prosecutor, Everett, Tim Dore, Bellevue, Peery, Hiscock, Pierson, Kingman & Peabody, John C. Gibson, Max Peabody, Seattle, for Respondents Snohomish County and Stone.

DURHAM, Chief Justice.

Plaintiffs in these consolidated cases seek to recover for emotional trauma they experienced after witnessing the suffering of an injured family member at the scene of an accident. Their claims below were dismissed because the Plaintiffs were not present when the accidents occurred. We reverse and hold that Plaintiffs may recover for emotional distress caused by observing an injured relative at the scene of an accident shortly after its occurrence...

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