Ramirez v. Armstrong

In Ramirez v. Armstrong, 100 N.M. 538, 673 P.2d 822 (1983), the Court had its first modern occasion to determine whether to allow emotional distress damages for bystanders witnessing an event. In that case, three children, two belonging to the deceased and one who was living with his family, witnessed him being run over. Ramirez, 100 N.M. at 539-40, 673 P.2d at 823-24. Another of the deceased's children learned of the death shortly thereafter and viewed him after the accident. Id. at 540, 673 P.2d at 824. In ruling that only the deceased's children who actually saw the accident could recover, the Court wrote extensively of parental love and the nucleus of the family. Id. at 541, 673 P.2d at 825 ("The existence of a marital or intimate familial relationship is the nucleus of the personal interest to be protected. The tort of negligent infliction of emotional distress is a tort against the integrity of the family unit.").