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Philibert v. Kluser

385 P. 3d 1038, 360 Or. 698 (2016)

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Philibert v. Kluser

Oregon Supreme Court
385 P. 3d 1038, 360 Or. 698 (2016)

Facts

Two boys (plaintiffs) ages eight and twelve were in a crosswalk with their seven-year-old brother when a car ran over and killed the seven-year-old, narrowly missing the older boys. The boys sued, seeking damages for the mental anguish they had suffered due to witnessing their brother’s death. The trial court dismissed the boys’ complaint, reasoning that it was barred by the impact rule. The court of appeals affirmed, and the boys appealed to the Oregon Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Balmer, C.J.)

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