In Clifton v. McCammack, a 51-year-old man who lived with and cared for his elderly father was unfortunately killed in a motor vehicle collision while riding his moped. Not long after the crash occurred, the man’s father drove to the scene of the wreck after learning of a tragic moped collision on the news. While there, the elderly man observed his son’s body covered by a sheet. He also reportedly recognized both his son’s shoes and his moped. After becoming noticeably upset, the elderly man’s minister apparently came to the accident scene and drove him home.
About nine months later, the elderly man filed a negligent infliction of emotional distress lawsuit against the driver who allegedly caused the fatal collision. In her answer, the driver admitted to committing negligence but denied causing the elderly man’s emotional distress. Following discovery, the negligent driver filed a motion for summary judgment with the trial court. When such a motion is filed, a party to a lawsuit is asking the court to rule that no material facts are in dispute and that the moving party is entitled to judgment as a matter of law. In general, such a motion is normally viewed in the light that is most favorable to the non-moving party.