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ENGLER v. ILLINOIS FARMERS INS. CO.

No. A04-1445.

706 N.W.2d 764 (2005)

Geralyn S. ENGLER, Appellant, v. ILLINOIS FARMERS INSURANCE COMPANY, an Illinois corporation, Respondent.

Supreme Court of Minnesota.

December 15, 2005.

Attorney(s) appearing for the Case

Mark David Streed, Meshbesher, Singer & Spence, Woodbury, for appellant.

Kathleen Margaret Loucks, Gislason & Hunter, LLP, Minnetonka, MN, for respondent.

Michael R. Fargione, Hauer, Fargione, Love, Landy & McELlistrem, P.A., Minneapolis, for Minnesota Trial Lawyers Assn.

Stephen Paul Laitinen, Larson King, St. Paul, for Minnesota Defense Lawyers Assn.

Heard, considered, and decided by the court en banc.

OPINION

BLATZ, Chief Justice.

This case presents the narrow issue of whether a plaintiff who satisfies all of the elements of a claim for negligent infliction of emotional distress under Minnesota law may, as part of the claim, recover damages for distress caused by fearing for her son's safety or witnessing the defendant's negligent injury of her son. The district court concluded that damages for distress caused by witnessing negligent injury to another...

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