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PHILIBERT v. KLUSER

CC 13CV01410; SC S063738.

385 P.3d 1038 (2016)

360 Or. 698

Stacie PHILIBERT, in her capacity as guardian ad litem for Cameron Hollenbeck-Hatch and Domanick Hollenbeck-Hatch, Petitioners on Review, v. Dennis Dixon KLUSER, Respondent on Review.

Supreme Court of Oregon.

December 22, 2016.

Attorney(s) appearing for the Case

Kathryn H. Clarke, Portland, argued the cause and filed the brief for the petitioners on review. Also on the briefs was Tim Williams, Bend.

Flavio A. Ortiz, Lachenmeier Enloe Rall & Ortiz, Portland, argued the cause and filed the brief for the respondent on review. Also on the briefs was Martin M. Rall.

Cody Hoesly, Larkins Vacura LLP, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Before Balmer, Chief Justice, and Kistler, Walters, Landau, Baldwin, and Brewer, Justices, and Rebecca A. Duncan, Judge of the Court of Appeals, Justice pro tempore.

BALMER, C.J.

This case requires us to consider the circumstances, if any, under which damages may be recovered by a bystander who suffers serious emotional distress as a result of observing the negligent physical injury of another person. Plaintiffs witnessed the death of a family member who was run over by a truck, but were not themselves physically injured.1 They sought recovery for their emotional distress. The trial...

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