Please ensure Javascript is enabled for purposes of website accessibility
Home / Courts / N.C. Court of Appeals / Tort/Negligence — NIED – Severe Emotional Distress – Insufficient Allegations – Foreseeability

Tort/Negligence — NIED – Severe Emotional Distress – Insufficient Allegations – Foreseeability

The complaint sufficiently alleged foreseeability: plaintiff and her father were riding bicycles when defendant, driving erratically, narrowly missed plaintiff, fatally struck her father, and fled the scene. However, the only allegations regarding plaintiff’s emotional distress are that defendant’s actions “proximately caused the negligent infliction of emotional distress of plaintiff” and that “plaintiff suffered severe emotional distress.” Under Holleman v. Aiken, 193 N.C. App. 484, 668 S.E.2d 579 (2008), and Horne v. Cumberland Cnty. Hosp. Sys., Inc., 228 N.C. App. 142, 746 S.E.2d 13 (2013), plaintiff’s complaint does not contain sufficient factual allegations to support her allegation of severe emotional distress.

We affirm the trial court’s dismissal of plaintiff’s claim for negligent infliction of emotional distress.

Cauley v. Bean (Lawyers Weekly No. 011-076-22, 14 pp.) (Allegra Collins, J.) Appealed from Caldwell County Superior Court (Robert Ervin, J.) Jennifer Iliana Segnere and Ann Groninger for plaintiff; Cameron Caudle and Christopher Raub for defendant. 2022-NCCOA-202


Leave a Reply

Your email address will not be published. Required fields are marked *

*