In Treichel v. State Farm Mut. Auto. Ins. Co., 280 Mont. 443, 930 P.2d 661 (1997), the court ruled that a wife could recover a separate per person amount for negligent infliction of emotional distress after witnessing the accident in which her husband lost his life. 930 P.2d at 665. The rationale invoked by the court was that the wife herself was an injured person, and that negligent infliction of emotional distress was not derivative of the injury to her husband. Id. The district court in Montana had explained that the wife's claim arose "out of the traumatic personal impact upon her own emotional and physical well-being by actually and immediately experiencing the accident which killed her husband directly in front of her." 930 P.2d at 663. The Montana Supreme Court, however, conceded that derivative claims still were subject to the limit of liability for injury to each person. 930 P.2d at 665.