A driver negligently runs over a pedestrian. A bystander who witnesses the accident, who had no familial or other preexisting relationship with the pedestrian, provides first aid but the pedestrian dies. The bystander suffers serious emotional distress with no physical manifestations. Is the bystander likely to prevail in a negligence action against the driver?

• A. Yes, because witnesses may recover emotional distress in such circumstances.
• B. No, because the bystander had no familial or other preexisting relationship with the pedestrian.
• C. Yes, if the bystander had a preexisting duty to aid.
• D. No, because there was no physical impact on the bystander.

Answer: (B)

When a bystander seeks damages for negligent infliction of emotional distress, recovery is allowed only under limited circumstances, typically when the bystander has a close relationship to the injured person (such as a spouse, parent, or child) and witnesses the harm at the scene, suffering severe distress as a result. The key factor is that special relationship plus being in a position to perceive the injury.

In this scenario, the bystander witnessed the accident and even helped with first aid, but there is no familial or other close relationship with the pedestrian. Without that close relationship, the bystander does not fall within the recognized class of plaintiffs who may recover for witnessing harm caused by the driver’s negligence. The bystander’s emotional distress, while genuine, isn’t compensable simply because it occurred or because there was no physical impact on the bystander. The absence of a qualifying relationship is dispositive here, so the bystander would not prevail.