Analogize or distinguish the following facts and those in Sinn v. Burd and decide if the factual differences change the outcome of whether the plaintiff would succeed in a claim for the negligent infliction of emotional distress. Explain Why. Which elements of the claim must the court analyze?

1. The plaintiff, the mother of a child killed by a car, received a telephone call telling her that her daughter had been killed in an accident. She was four blocks away and arrived at the scene a few moments later.

1. The plaintiff looked through the window and saw her husband's car arriving at their house. She also saw a car speeding on the road behind his. She looked away for a moment and then heard a loud crash. The speeding car had hit her husband's car and killed him.

1. The plaintiff was a kindergarten teacher who saw one of the children in her class get hit by a car in front of the school. The child died from his injuries.

QUESTION 2

Consider whether a court would decide that the plaintiff in the following case could succeed in the described lawsuit. Use these five questions as a guide. Answer for each a-e.

a. Is the issue the same or analogous to the issue in Sinn?

b. Are the relevant facts analogous or distinguishable?

c. Would the court's reasoning in Sinn lead to the same or a different result?

d. What impact, if any, would the policies behind the decision in Sinn have on this case?

e. In light of the answer to these questions, is it likely that a court will follow the holding in Sinn?

Bobby Jones' parents brought a claim for negligent infliction of emotional distress on behalf of their child. They allege that the harm was occasioned when Bobby witnessed his first cousin Stuart drown on the property of Steven Bain, as a result of Bain's negligence in not erecting a fence around his lake. Bain is a landowner in Brockton, Pennsylvania.

Both boys are eight years old. Bobby and Stuart grew up literally in the same house; Bobby's parents lived on the first floor and Stuart's parents lived on the second floor. Their mothers were sisters. Bobby and Stuart were born within six weeks of each other. Their mothers described them as "inseparable" practically since birth. Stuart's mother said Bobby was "like a brother" to Stuart. Bobby and Stuart played together as toddlers, were in the same pre-school class, and stayed in the same class from kindergarten through grade four. They were cub scouts in the same troupe, members of the same little league, and played together after school and on the weekends.

One afternoon, the boys were playing not that far from their home. They walked over to the lake on Bain's property and skipped a few stones. Then Stuart waded in because he saw something shiny in the water. He swam towards it, not realizing he could not stand, he panicked. He started flailing about and calling for help, but Bobby, a poor swimmer, could not help him. Bobby ran for help, but by the time they returned ten minutes later, Stuart had drowned.

Since the incident, Bobby has had panic attacks, vomiting episodes, weight loss, and nightmares where he wakes screaming Stuart's name. His parents have taken him to see a therapist because of his acute distress.