SMITH v. TONEY

No. 94S00-0602-CQ-48.

862 N.E.2d 656 (2007)

Amy SMITH, Appellant (Plaintiff below), v. James M. TONEY and John Christner Trucking Co., Inc., Appellees (Defendants below).

Supreme Court of Indiana.

March 13, 2007.


Attorney(s) appearing for the Case

Stephen L. Williams, James Boswell, Terre Haute, IN, Attorneys for Appellant.

Michael B. Langford, Lynne D. Lidke, Indianapolis, IN, Attorneys for Appellee.

Donald B. Kite, Sr., Carmel, IN, James D. Johnson, Evansville, IN, Attorneys for Amicus Curiae Defense Trial Counsel of Indiana.


On Certified Question

BOEHM, Justice.

Indiana law allows a claim for negligent infliction of emotional distress under some limited circumstances even if the plaintiff has suffered no physical injury or impact as a result of the defendant's negligence. We hold today that although a spouse may assert such a claim of negligent infliction of emotional distress a fiancée may not. We also hold that such a claim requires that the plaintiff have learned of...

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