Gates v. Richardson

This case arose from an accident when an automobile being driven by Kelly Richardson collided with a bicycle being ridden by six-year-old Johnny Gates. Although Johnny survived the accident, he is left with massive brain injuries from which he is unlikely to recover. In addition to Johnnys claim for medical expenses, pain and suffering, future lost wages and permanent disability, Johnnys mother, sister and brother sought damages from Richardson for the emotional distress they suffered from observing Johnnys severe injury at the scene of the accident. Johnnys father sought damages for loss of Johnnys future companionship, and his stepfather sought damages for loss of consortium with Johnnys mother stemming from her emotional injuries. The district court dismissed all counts, except Johnnys claim for personal injuries, on grounds that they failed to state claims upon which relief could be granted. We must decide whether the tort of negligent infliction of emotional distress and whether the claims for loss of consortium and companionship are actionable in Wyoming. We affirm in part and reverse in part.