5 Iowa opinions name it 2 courts 1987–2009 0 in the last five years
The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Barnhill v. Davisgreen2 sentences2009Id. at 108 ; accord Pekin Ins. 2009In Barnhill, we set out the elements of a bystander claim: (1) The bystander was located near the scene of the accident. (2) The emotional distress resulted from a direct emotional impact from the sensory and contemporaneous observance of the accident, as contrasted with learning of the accident from others after its occurrence. (3) The bystander and the victim were husband and wife or related within the second degree of consanguinity or affinity. (4) A reasonable person in the position of the bystander would believe, and the bystander did believe, that the direct victim of the accident would | 2 | 5 |
Dillon v. Legggreen2 sentences2009In creating this test, we relied heavily upon the holding and rationale of Dillon v. Legg, 68 Cal.2d 728 , 69 Cal.Rptr. 72 , 441 P.2d 912, 920 (1968) (holding that the plaintiff could maintain a bystander claim for emotional distress even though he was not himself at risk of being harmed). 2009In creating this test, we relied heavily upon the holding and rationale of Dillon v. Legg, 68 Cal.2d 728 , 69 Cal.Rptr. 72 , 441 P.2d 912, 920 (1968) (holding that the plaintiff could maintain a bystander claim for emotional distress even though he was not himself at risk of being harmed). | 2 | 2 |
Pekin Insurance Co. v. Hughgreen1 sentence2009Co. v. Hugh, 501 N.W.2d 508, 511 (Iowa 1993). | 1 | 1 |
Detroit Automobile Inter-Insurance Exchange v. McMillangreen2 sentences1993Exch. v. McMillan, 159 Mich.App. 48, 54 , 406 N.W.2d 232, 235 (1987) (per curiam) (apparently recognizing a bystander claim as a separate bodily injury for insurance purposes but holding that plaintiff's claim did not meet bystander claim criteria); Edgecomb, 41 Wash.App. at 743 , 706 P.2d at 234 (same). 1993Exch. v. McMillan, 159 Mich.App. 48, 54 , 406 N.W.2d 232, 235 (1987) (per curiam) (apparently recognizing a bystander claim as a separate bodily injury for insurance purposes but holding that plaintiff's claim did not meet bystander claim criteria); Edgecomb, 41 Wash.App. at 743 , 706 P.2d at 234 (same). | 1 | 1 |
Niblo v. Parr Manufacturing, Inc.green2 sentences1993Fineran v. Pickett, 465 N.W.2d 662, 664 (Iowa 1991) ("bystander recovery for emotional distress"; "right to recover emotional distress damages"; "liability for emotional distress"); Niblo v. Parr Mfg., Inc., 445 N.W.2d 351, 354 (Iowa 1989) ("[w]e have allowed recovery for emotional distress without physical injury... when a bystander suffered mental distress caused by witnessing the negligent infliction of serious injury to a close relative"); Oberreuter v. Orion Indus., Inc., 342 N.W.2d 492, 494 (Iowa 1984) ("[R]ecovery for negligent infliction of emotional distress is intended to compensate 1993Fineran v. Pickett, 465 N.W.2d 662, 664 (Iowa 1991) (“bystander recovery for emotional distress”; “right to recover emotional distress damages”; “liability for emotional distress”); Niblo v. Parr Mfg., Inc., 445 N.W.2d 351, 354 (Iowa 1989) (“[w]e have allowed recovery for emotional distress without physical injury ... when a bystander suffered mental distress caused by witnessing the negligent infliction of serious injury to a close relative”); Oberreuter v. Orion Indus., Inc., 342 N.W.2d 492, 494 (Iowa 1984) (“[Recovery for negligent infliction of emotional distress is intended to compensate | 1 | 1 |
Fineran v. Pickettgreen2 sentences1993Fineran v. Pickett, 465 N.W.2d 662, 664 (Iowa 1991) ("bystander recovery for emotional distress"; "right to recover emotional distress damages"; "liability for emotional distress"); Niblo v. Parr Mfg., Inc., 445 N.W.2d 351, 354 (Iowa 1989) ("[w]e have allowed recovery for emotional distress without physical injury... when a bystander suffered mental distress caused by witnessing the negligent infliction of serious injury to a close relative"); Oberreuter v. Orion Indus., Inc., 342 N.W.2d 492, 494 (Iowa 1984) ("[R]ecovery for negligent infliction of emotional distress is intended to compensate 1993Fineran v. Pickett, 465 N.W.2d 662, 664 (Iowa 1991) (“bystander recovery for emotional distress”; “right to recover emotional distress damages”; “liability for emotional distress”); Niblo v. Parr Mfg., Inc., 445 N.W.2d 351, 354 (Iowa 1989) (“[w]e have allowed recovery for emotional distress without physical injury ... when a bystander suffered mental distress caused by witnessing the negligent infliction of serious injury to a close relative”); Oberreuter v. Orion Indus., Inc., 342 N.W.2d 492, 494 (Iowa 1984) (“[Recovery for negligent infliction of emotional distress is intended to compensate | 1 | 1 |
Oberreuter v. Orion Industries, Inc.green2 sentences1993Fineran v. Pickett, 465 N.W.2d 662, 664 (Iowa 1991) ("bystander recovery for emotional distress"; "right to recover emotional distress damages"; "liability for emotional distress"); Niblo v. Parr Mfg., Inc., 445 N.W.2d 351, 354 (Iowa 1989) ("[w]e have allowed recovery for emotional distress without physical injury... when a bystander suffered mental distress caused by witnessing the negligent infliction of serious injury to a close relative"); Oberreuter v. Orion Indus., Inc., 342 N.W.2d 492, 494 (Iowa 1984) ("[R]ecovery for negligent infliction of emotional distress is intended to compensate 1993Fineran v. Pickett, 465 N.W.2d 662, 664 (Iowa 1991) (“bystander recovery for emotional distress”; “right to recover emotional distress damages”; “liability for emotional distress”); Niblo v. Parr Mfg., Inc., 445 N.W.2d 351, 354 (Iowa 1989) (“[w]e have allowed recovery for emotional distress without physical injury ... when a bystander suffered mental distress caused by witnessing the negligent infliction of serious injury to a close relative”); Oberreuter v. Orion Indus., Inc., 342 N.W.2d 492, 494 (Iowa 1984) (“[Recovery for negligent infliction of emotional distress is intended to compensate | 1 | 1 |
United Pacific Insurance v. Edgecombgreen2 sentences1993Exch. v. McMillan, 159 Mich.App. 48, 54 , 406 N.W.2d 232, 235 (1987) (per curiam) (apparently recognizing a bystander claim as a separate bodily injury for insurance purposes but holding that plaintiff's claim did not meet bystander claim criteria); Edgecomb, 41 Wash.App. at 743 , 706 P.2d at 234 (same). 1993Exch. v. McMillan, 159 Mich.App. 48, 54 , 406 N.W.2d 232, 235 (1987) (per curiam) (apparently recognizing a bystander claim as a separate bodily injury for insurance purposes but holding that plaintiff's claim did not meet bystander claim criteria); Edgecomb, 41 Wash.App. at 743 , 706 P.2d at 234 (same). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway. | ||
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.