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Eskin v. Bartee
Tennessee Supreme Court
262 S.W.3d 727 (2008)
Alice Bartee (defendant) hit Brendan Eskin with her car in the elementary school car line, causing serious injury. A neighbor called his mother, Karen Eskin, who scooped up her younger children and raced the short distance to the school. Karen and her son Logan (plaintiffs) saw Brendan lying lifeless in a pool of blood without anyone attending to him. The Eskins sued Bartee and served their own insurance carrier with a copy of their complaint in accordance with Tennessee uninsured motorist law. The trial court granted the insurer summary judgment against claims for negligent infliction of emotional distress because the Eskins were not present when the accident occurred. The appellate court reversed, prompting a further appeal.
Rule of Law
Holding and Reasoning (Koch, J.)
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