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Graves v. Estabrook

New Hampshire Supreme Court
149 N.H. 202, 818 A.2d 1255 (2003)

Written by Denise McGimsey, JD

Facts

Catrina Graves (plaintiff) was engaged to be married to Brett Ennis, with whom she had lived for seven years. In September 2000, Ennis was riding his motorcycle as Graves followed him in a car. Franklin Estabrook (defendant) collided with Ennis, who flipped over Estabrook’s car after Estabrook ran through a stop sign. Graves witnessed the entire accident. She immediately stopped driving and ran to Ennis who had substantial head trauma and was bleeding from the mouth. He died the following day. Graves sued Estabrook for negligent infliction of emotional distress based on the mental suffering and anguish that she experienced in witnessing her fiancé’s injury and death. On Estabrook’s motion, the trial court dismissed Graves’s claim. She appealed.

Rule of Law

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Holding and Reasoning (Duggan, J.)

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