Discuss the possible legal issues raised by the fact pattern and analyze those facts with the rules of law learned from the NIED .

Brad and Angelina are a married couple. They were on their way home from the park with their two children Jen, (7 years old) whom they adopted just that day, their son Ross (5 years old) and their nephew Joey, ( 6 years old) when they came to a cross walk. When the light turned green, Angelina, Joey and Jen started to cross the street. Ross stayed on the sidewalk while Brad had to run back to get Ross's dinosaur that they had left on the swings.

As Angelina, Joey and Jen were crossing the street an ice-cream truck, driven by Chandler, ran the red light. Angelina saw the ice cream truck coming and stopped walking but Jen and Joey had gotten ahead of her and both children were struck and killed by the ice-cream truck right in front of Ross. Brad heard the brakes screeching only to look up and see the two children laying on the street and Ross passing out.

Ross is now afraid to go outside, he wakes up screaming and crying because he misses Joey so much, they were like brothers. Angelina is not sure she will ever make another movie or adopt any children. Her hands keep shaking and Brad is scared to let any of the family out of his site. No one in the family is sleeping normally and they all have nightmares.

Brad, Angelina and Ross are now suing Chandler for Negligent Infliction of Emotional Distress from witnessing Jen and Joey's deaths.