No. 14S01-0006-CV-358.

729 N.E.2d 569 (2000)

Terry L. GROVES and Elizabeth Groves, Parents of Terry L. Groves, II, and MaryBeth Ellen Groves, by her next friend Terry L. Groves, Appellants (Plaintiffs below), v. Jacqueline TAYLOR, Indiana State Police, and the State of Indiana, Appellees (Defendants below).

Supreme Court of Indiana.

June 7, 2000.

Attorney(s) appearing for the Case

Frederick N. Hadley, W. Scott Montross, Townsend & Montross, Indianapolis, Indiana, Attorneys for Appellants.

Jeffrey A. Modisett, Attorney General of Indiana, Carol A. Nemeth, J.T. Whitehead, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellees.

Stephen R. Pennell, Ann Marie Waldron, Stuart & Branigan, Lafayette, Indiana, James D. Johnson, Mattingly, Rudolph, Fine & Porter, L.L.P., Evansville, Indiana, Attorneys for Amicus Curiae the Defense Trial Counsel of Indiana.

SULLIVAN, Justice.

While standing in her driveway, plaintiff MaryBeth Groves heard the loud "pop" of a vehicle fatally striking her brother and turned to observe his body as it rolled off the highway. She appeals lower court determinations disallowing her pursuit of mental trauma damages under the modified impact rule. Finding sufficient direct involvement, we hold that the plaintiff may present her mental trauma claim to a jury.



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