Kinard v. Augusta Sash & Door Co

In Kinard v. Augusta Sash & Door Co., 286 S.C. 579, 336 S.E.2d 465 (1985), the Supreme Court adopted the cause of action for negligent infliction of emotional distress with the following elements: (a) the negligence of the defendant must cause death or serious physical injury to another; (b) the plaintiff bystander must be in close proximity to the accident; (c) the plaintiff and the victim must be closely related; (d) the plaintiff must contemporaneously perceive the accident; (e) the emotional distress must both manifest itself by physical symptoms capable of objective diagnosis and be established by expert testimony. (Kinard, 286 S.C. at 582-83, 336 S.E.2d at 467.) Recovery for this type of direct, as opposed to consequential, claim for emotional and physical upset is limited to bystander recovery. Id. The Kinard Court distinguished recovery under this type of direct claim from recovery of consequential damages resulting from bodily injuries to others by emphasizing the plaintiff in Kinard "may not recover for the emotional upset arising from her voluntary vigil at her daughter's bedside following the accident" as part of her direct claim of injury. Id. at 583 n.3, 336 S.E.2d at 467 n.3.