Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement. He dies in his mother's arms, leaving her traumatized. The court hearing the case rules that Martha's son was "not responsible for the accident." Martha can sue the person who killed her son to recover damages for ________.
A) tort of outrage
B) breach of duty of care
C) negligent infliction of emotional distress
D) transfer of intent

Question

Quizplus · Accepted Answer

Negligent infliction of emotional distress. This is because Martha is not able to sue for the death of her son since he was ruled "not responsible for the accident." However, she may be able to recover damages for emotional distress caused by witnessing her son's death due to the driver's negligence.

Martha Is Walking Along a Street with Her Son When