Bernier v. BOARD OF COUNTY RD. COM'RS FOR IONIA COUNTY
1983 U.S. Dist. LEXIS 15912, 581 F. Supp. 71 (1983)
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Rule of Law:
Under Michigan law, a plaintiff cannot recover for negligent infliction of emotional distress for the injury or death of an immediate family member unless the plaintiff was present at the time of the incident or their emotional shock was fairly contemporaneous with it; being informed of the death hours later does not satisfy this requirement.
Facts:
- Michael Moon, a 17-year-old, was operating a motor vehicle in Ionia County, Michigan.
- Moon was involved in a collision at the intersection of Stedman Road and Woods Road, which resulted in his death.
- The plaintiff, Moon's mother Donna Bernier, alleged the accident was caused by Ionia County's failure to properly mark and maintain the intersection.
- Following the accident, a blood sample taken from Moon's body revealed a blood-alcohol content of 0.06%.
- Donna Bernier was informed of the accident and her son's resulting death approximately two hours after the collision occurred.
Procedural Posture:
- Donna Bernier, as personal representative for the estate of Michael Moon, filed a wrongful death lawsuit against Ionia County in the U.S. District Court for the Western District of Michigan.
- The court granted Donna Bernier leave to intervene in her individual capacity, and she filed an intervenor's complaint alleging a claim for negligent infliction of emotional distress.
- Plaintiff filed a motion for partial summary judgment seeking to preclude defendant from using the decedent's alleged intoxication as an affirmative defense.
- Both plaintiff and defendant filed various motions in limine regarding the admissibility of evidence, including the county's 'lack of funds' defense and evidence of subsequent remedial measures.
- Defendant moved to dismiss the intervenor's complaint for negligent infliction of emotional distress for failure to state a claim.
- The district court is now ruling on these various pending pre-trial motions.
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Issue:
Does a plaintiff who learns of a family member's death approximately two hours after the fatal accident state a valid claim for negligent infliction of emotional distress under Michigan law?
Opinions:
Majority - Hillman, District Judge
No. A plaintiff who learns of a family member's death hours after the event has not suffered a shock that is "fairly contemporaneous" with the accident and thus cannot state a claim for negligent infliction of emotional distress. The court, applying Michigan law, relied on precedents establishing that recovery for mental disturbance requires the plaintiff to be present at the time of the accident or peril. Citing cases like Gustafson v. Faris and Williams v. Citizens Mutual Insurance Company, the court noted that Michigan's standard requires near-immediate sensory perception of the event or its aftermath. The court looked to California cases, cited approvingly by Michigan courts, which held that seeing an injured child 30-60 minutes after an accident was too late, whereas viewing injuries "within moments" was sufficient. Because an undisputed two-hour period elapsed before Donna Bernier was informed of her son's death, her shock was not contemporaneous with the accident, and her claim for negligent infliction of emotional distress must be dismissed.
Analysis:
This decision illustrates a federal court's strict application of state tort law in a diversity jurisdiction case. It reinforces the narrow scope of bystander liability for negligent infliction of emotional distress (NIED) in Michigan, emphasizing a rigid temporal proximity requirement. The ruling clarifies that the "fairly contemporaneous" standard is not met by simply learning of a tragedy hours later, thereby limiting recovery to those who witness the event or its immediate, direct aftermath. This serves as a clear guidepost for future NIED claims, signaling that courts will likely dismiss claims that lack a direct and immediate sensory connection to the traumatic event.
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