Ramirez V. Armstrong

This is a tort action certified to this Court by the Court of Appeals. It was brought by Jose Ramirez as Guardian for Job, Elena, and Bertha Ramirez, and by Socorro Brown for her daughter Karen Brown. Appellants (plaintiffs) sought damages for the wrongful death of Santana Ramirez. They also sought damages for the injuries they allegedly suffered as a result of the emotional distress caused them by witnessing, or being told of, Santana Ramirez' death. The wrongful death claim was settled. The appellee (defendant) moved for judgment on the pleadings on the remaining claims, asserting that no cause of action existed in New Mexico which would allow appellants to recover damages for emotional distress. The trial court granted defendant's motion and dismissed plaintiffs' complaint. Plaintiffs appealed. We reverse in part and affirm in part.