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Pike Nurseries Inc. v. Allen

Plaintiffs could not recover for their emotional distress arising out of the injuries their 5-year-old sustained when a concrete display fountain fell on her because the parents suffered no physical impact or injury as a result of that accident.

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The question on appeal whether the trial court erred in not following recent Georgia Supreme authority requiring that a parent be physically impacted and injured in an accident in order to recover for emotional distress caused by seeing a child injured in the accident. We hold that trial court erred and reverse its denial of summary judgment to the defendant.

When reviewing the grant or denial of a motion for summary judgment, this Court conducts a de novo review of the law and the evidence.1 Construed in favor of the plaintiffs, the evidence showed that Pike Nurseries maintained a concrete display fountain at its business that fell upon Kenneth and Annette Allen’s five-year-old daughter. Alleging they both witnessed the accident or its aftermath, Kenneth and Annette sued Pike, inter alia, for intentional infliction of emotional distress, alleging that Pike’s wilful and wanton misconduct in negligently maintaining the fountain resulted in the accident. The parents, however, admitted in their depositions that the fountain did not physically impact them. Pike moved for partial summary judgment on the claims for mental and emotional distress.

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