Federal Deposit Insurance Corp. v. Omelveny & Myers

In this case against the United States under the Federal Tort Claims Act, we are required to decide whether, in applying California law, the award to Theresa Estrada of damages for negligent infliction of emotional distress can be sustained. An Aeromexico airliner crashed into the Estrada home causing the home to be engulfed in flames; Theresa Estradas husband and two children perished in the home. She did not witness the plane crash into her home, in which she had just left her family, but returned minutes later to witness the home consumed in flames. We hold that recovery is appropriate because Estrada was present at the scene of the fire and was aware that the fire was injuring her family. We affirm the judgment.