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Gnirk v. Ford Motor Co.

572 F. Supp. 1201 (1983)

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Gnirk v. Ford Motor Co.

United States District Court for the District of South Dakota
572 F. Supp. 1201 (1983)

  • Written by Noah Lewis, JD

Facts

Wilma Gnirk (plaintiff) was driving with her 13-month-old son in her Ford Motor Company (Ford) car. Gnirk needed to stop to open a fence gate. Gnirk put the car in park and left the engine running. Gnirk’s son was in the front seat with the seatbelt buckled around him. Gnirk got out to open the gate. The car shifted from park to reverse. The car backed up, struck a post, then went forward into a stock dam, an earthen dam that collects rainwater for cattle. Gnirk had unsuccessfully tried to get into the moving car. The car ended up submerged in water. Gnirk could not swim but entered the water and could not locate the car. Gnirk walked a mile and a half to the nearest farmhouse, seeking help. Gnirk suffered from depression, insomnia, permanent psychological injury, and physical illness. Gnirk sued Ford, seeking compensatory damages for emotional distress. Ford moved for summary judgment, arguing a bystander cannot recover for emotional distress because Ford did not intentionally inflict the distress and Gnirk was not physically injured. South Dakota’s wrongful-death act does not allow recovery for emotional distress.

Rule of Law

Issue

Holding and Reasoning (Porter, J.)

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