Crucial Exams

Multistate Bar Examination Practice Question

David is standing on a sidewalk about 50 feet from an intersection when he sees a delivery truck negligently strike a pedestrian, causing the pedestrian severe bodily injuries. David himself is never in danger of being hit, but he clearly sees the collision and immediately suffers serious emotional distress that later manifests in physical symptoms. David has never met the pedestrian and has no familial or other close relationship with her.

If David brings a negligence action against the truck driver seeking damages for his emotional distress, how is a court applying the modern majority (bystander) rule most likely to decide?

  • Yes, because David personally and contemporaneously observed the accident.

  • No, because negligent infliction of emotional distress is never recognized unless the plaintiff also suffers a physical impact.

  • No, because David was not closely related to the injured pedestrian.

  • Yes, because David's emotional distress produced documented physical symptoms.

Multistate Bar Examination
Torts
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