Contemporary Business and Online Commerce Law 7th Edition by Henry R Cheeseman

Exercise 7

Emotional Distress Gregory and Demetria James, brother and sister, were riding their bicycles north on 50th Street in Omaha, Nebraska. Spaulding Street intersects 50th Street. A garbage truck owned by Watts Trucking Service, Inc., and driven by its employee, John Milton Lieb, was backing up into the intersection of 50th and Spaulding streets. The truck backed into the intersection, through a stop sign, and hit and ran over Demetria, killing her. Gregory helplessly watched the entire accident but was not in danger himself. As a result of watching his sister’s peril, Gregory suffered severe emotional distress. Gregory sued Watts and Lieb to recover damages for his emotional distress. Who wins? James v. Watts Trucking Service, Inc., 221 Neb. 47, 375 N.W.2d 109, Web 1985 Neb. Lexis 1209 (Supreme Court of Nebraska)

Step 1 of 3

Facts of the Case

The case is related to GJ and his sister D. Both of them were riding their bicycles on 50^th street in Omaha, Nebraska. At the same time there was a garbage truck driven by JML, was backing the trucking off Spaulding Street into 50^th street through a stop sign. The garbage truck was owned by W Trucking Service. As a result, D got hit and was run over by the truck.

GJ helplessly witnessed the entire incident of death of his sister even though he was in danger himself. This made him physically ill and he continued to suffer mental anguish and emotional distress. He then sued W and L to recover for damages for his emotional distress.