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Majors v. Hillebrand

349 P.3d 1283 (2015)

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Majors v. Hillebrand

Kansas Court of Appeals

349 P.3d 1283 (2015)

Facts

Jason Majors (plaintiff) was driving with his young daughter in the rear passenger seat when his vehicle was hit by Gary T. Hillebrand’s (defendant) 35-ton snowplow. Majors was not physically injured in the crash, but Majors’s daughter suffered traumatic head injuries. Immediately following the collision, Majors believed his daughter was dead because she was not breathing, her scalp was pushed back, and she was bleeding. However, the girl began to respond after Majors pulled her from the car. On the night after the collision, Majors began to have nightmares. Several months later, he began to suffer symptoms of posttraumatic stress disorder (PTSD), including anxiety, sleeping disorder, and high blood pressure, which prevented him from working. One year after the collision, Majors sought treatment for his symptoms. Two mental-health professionals concluded that the collision had caused Majors’s symptoms. Majors sued Hillebrand for negligent infliction of emotional distress. The trial court granted Hillebrand’s motion for summary judgment, and Majors appealed.

Rule of Law

Issue

Holding and Reasoning (Gardner, J.)

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