Lee v. State Farm Mut. Auto. Ins. Co

In Lee v. State Farm Mut. Auto. Ins. Co., 272 Ga. 583, 584 (I) (533 SE2d 82) (2000), the Supreme Court ultimately concluded that the policy concerns behind our traditional impact rule are not extant in this case, and there is no meritorious reason in an appropriate and compelling situation to refuse to extend recovery for emotional distress to an incident in which the distress is the result of physical injury negligently inflicted on another. The circumstance of this case is such an appropriate and compelling situation. When, as here, a parent and child sustain a direct physical impact and physical injuries through the negligence of another, and the child dies as the result of such negligence, the parent may attempt to recover for serious emotional distress from witnessing the child's suffering and death without regard to whether the emotional trauma arises out of the physical injury to the parent. Id. at 588 (III).