To prove negligent infliction of emotional distress resulting from fear for the safety of an immediate family member, the Plaintiff must prove the following elements by the greater weight of the evidence:

1) The Defendant negligently harmed, or endangered the safety of, the family member in the plaintiff’s presence;

2) The Defendant’s negligence also created an unreasonable risk of physical injury to the plaintiff; and

3) The Defendant’s negligence was a proximate cause of emotional distress that resulted in bodily harm to the plaintiff.

“Bodily harm” means physical impairment, physical pain, or long continued or recurring illness. Although matters like long continued headaches, nausea, or emotional disturbance may qualify as bodily harm, non-recurring matters, harmless in themselves, like dizziness or vomiting, do not.

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