Negligent Infliction of Emotional Distress Cause of Action Arizona

In Arizona, a plaintiff in a negligent infliction of emotional distress action must witness an injury to a closely related person, suffer mental anguish manifested as physical injury, and be within the zone of danger. Pierce v. Casas Adobes Baptist Church, 162 Ariz. 269, 272, 782 P.2d 1162, 1165 (1989); State Farm Mut. Auto. Ins. v. Connolly, 212 Ariz. 417, 423, P 23, 132 P.3d 1197, 1203 (App. 2006). A cause of action for loss of consortium is also limited to spouses, parents, and children. Barnes, 192 Ariz. at 286, 964 P.2d at 487 (spouses); Villareal v. State Dep't of Transp., 160 Ariz. 474, 477, 774 P.2d 213, 216 (1989) (parents); Frank v. Superior Court, 150 Ariz. 228, 234, 722 P.2d 955, 961 (1986) (children). And, although under Arizona's Wrongful Death Act a plaintiff may recover his or her mental suffering and distress, such loss is limited to spouses, parents, and children of the decedent. A.R.S. 12-612(A) (2003); City of Tucson v. Wondergem, 105 Ariz. 429, 433, 466 P.2d 383, 387 (1970) (interpreting Wrongful Death Act to allow damages for the anguish, sorrow, stress, mental suffering, pain, and shock resulting from the decedent's death).