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Lee v. State Farm Mutual Insurance Co.

533 S.E.2d 82 (2000)

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Lee v. State Farm Mutual Insurance Co.

Georgia Supreme Court
533 S.E.2d 82 (2000)

Facts

Bridget Lee (plaintiff) and her daughter were both injured in a car wreck caused by the negligence of an uninsured driver. Lee and her daughter were pinned in their car for an hour. During this time, Lee witnessed her daughter’s injuries and death. State Farm Mutual Insurance Company (State Farm) (defendant), Lee’s insurance provider, compensated Lee for the death of her daughter as part of her uninsured motorist coverage. Lee sued State Farm for damages arising from her own physical injuries and for the mental anguish Lee suffered as a result of watching her daughter’s suffering and death. The trial court held that, pursuant to the impact rule, Lee was not permitted to recover mental-anguish damages arising from her daughter’s suffering and death because they had not been caused by an impact suffered by Lee.

Rule of Law

Issue

Holding and Reasoning (Hines, J.)

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