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762 N.W.2d 459

Moore v. Eckman

Supreme Court of Iowa

Decided March 6, 2009

Supreme Court of Iowa · decided 2009-03-06

Cited by 1 later decisions — most recently July 2013

1 state decisions

Relies on Barnhill v. Davis · Fineran v. Pickett

Good law ✅— No negative treatment on recordhow we know

Decided 2009-03-06

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WIGGINS, Justice

¶1(concurring specially)-

¶2I specially concur in the result, because Carole Moore only argues that Barnhill v. Davis, 300 N.W.2d 104 (Iowa 1981) and Fineran v. Pickett, 465 N.W.2d 662 (Iowa 1991), permitted her bystander claim, rather than urge we extend our holding in bystander liability cases to include persons who come on the scene of impact after the impact occurred and before the injured party is removed. See Dale Joseph Gil-singer, Annotation, Immediacy of Observation of Injury as Affecting Right to Recover Damages for Shock or Mental Anguish from Witnessing Injury to Another, 99 A.L.R.5th 301, 342-53 (2002) (citing decisions from other jurisdictions extending bystander liability to situations where the plaintiff arrives at the impact site after impact occurred and before the injured party is removed from the scene).

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