Lee v. State Farm Mutual Automobile Insurance

Court of Appeals of Georgia

Lee v. State Farm Mutual Automobile Insurance

541 S.E.2d 700, 246 Ga. App. 720, 2001 Fulton County D. Rep. 17, 2000 Ga. App. LEXIS 1343

CourtCourt of Appeals of Georgia

DecidedNovember 8, 2000

DocketA99A0601

StatusPublished

This text of 541 S.E.2d 700 (Lee v. State Farm Mutual Automobile Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lee v. State Farm Mutual Automobile Insurance, 541 S.E.2d 700, 246 Ga. App. 720, 2001 Fulton County D. Rep. 17, 2000 Ga. App. LEXIS 1343 (Ga. Ct. App. 2000).

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Opinion

Ellington, Judge.

Bridget Lee and her daughter received significant injuries in a hit-and-run automobile collision caused by an unknown motorist. Pursuant to her uninsured motorist insurance policies, Lee sought recovery for her own injuries as well as the emotional distress she experienced from witnessing her daughter’s suffering and death. The trial court granted summary judgment to the defendants on Lee’s emotional distress claim. This Court affirmed the trial court’s order. Lee v. State Farm &c. Ins. Co., 238 Ga. App. 767 (517 SE2d 328) (1999).

The Supreme Court granted certiorari and reversed, holding that, under certain circumstances, emotional distress that results from witnessing another’s injury and suffering is compensable. Lee v. State Farm &c. Ins. Co., 272 Ga. 583 (533 SE2d 82) (2000). Accordingly, our ruling is vacated, and the judgment of the Supreme Court is made the judgment of this Court.

Judgment reversed.

Johnson, C. J., Andrews, P. J., Blackburn, P. J., Ruffin, Barnes and Mikell, JJ., concur.

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Ellington, Judge.

Bridget Lee and her daughter received significant injuries in a hit-and-run automobile collision caused by an unknown motorist. Pursuant to her uninsured motorist insurance policies, Lee sought recovery for her own injuries as well as the emotional distress she experienced from witnessing her daughter’s suffering and death. The trial court granted summary judgment to the defendants on Lee’s emotional distress claim. This Court affirmed the trial court’s order. Lee v. State Farm &c. Ins. Co., 238 Ga. App. 767 (517 SE2d 328) (1999).

The Supreme Court granted certiorari and reversed, holding that, under certain circumstances, emotional distress that results from witnessing another’s injury and suffering is compensable. Lee v. State Farm &c. Ins. Co., 272 Ga. 583 (533 SE2d 82) (2000). Accordingly, our ruling is vacated, and the judgment of the Supreme Court is made the judgment of this Court.

Judgment reversed.

Johnson, C. J., Andrews, P. J., Blackburn, P. J., Ruffin, Barnes and Mikell, JJ., concur.

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Bluebook (online)

541 S.E.2d 700, 246 Ga. App. 720, 2001 Fulton County D. Rep. 17, 2000 Ga. App. LEXIS 1343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-state-farm-mutual-automobile-insurance-gactapp-2000.

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