Sorrells v. M.Y.B. Hospitality Ventures

435 S.E.2d 320, 334 N.C. 669, 1993 N.C. LEXIS 464
CourtSupreme Court of North Carolina
DecidedOctober 8, 1993
Docket61A93
StatusPublished
Cited by35 cases

This text of 435 S.E.2d 320 (Sorrells v. M.Y.B. Hospitality Ventures) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sorrells v. M.Y.B. Hospitality Ventures, 435 S.E.2d 320, 334 N.C. 669, 1993 N.C. LEXIS 464 (N.C. 1993).

Opinions

MITCHELL, Justice.

The issue before us in this case is whether it was reasonably foreseeable that the plaintiffs would suffer severe emotional distress upon learning that their son had been killed in a one-car accident after he was negligently served alcohol at the defendant’s place of business. We hold that it was not reasonably foreseeable; therefore, we reverse the decision of the Court of Appeals.

As this case was dismissed prior to trial pursuant to N.C.G.S. § 1A-1, Rule 12(b)(6), we must treat the allegations of the complaint [671]*671as true. See Johnson v. Ruark Obstetrics and Gynecology Assocs., P.A., 327 N.C. 283, 286, 395 S.E.2d 85, 87 (1990); Ragsdale v. Kennedy, 286 N.C. 130, 137, 209 S.E.2d 494, 499 (1974). The plaintiffs’ complaint alleges that they were the parents of Travis Cain Sorrells (hereinafter “Travis”), a 21-year-old community college student. On or about the evening of 21 May 1990, Travis was drinking alcohol with friends at Rhapsody’s Food and Spirits, the defendant’s place of business. Other members of Travis’ party asked their waitress not to serve Travis any more drinks because he “had had enough to drink” and would be driving himself home. Nevertheless, other Rhapsody’s employees continued to serve Travis alcohol knowing he was highly intoxicated. As Travis was driving home from Rhapsody’s he lost control of his car, struck a bridge abutment and was killed.

The complaint further alleges that when the plaintiffs learned that their son had been killed in a car accident and “his body mutilated,” the information “had a devastating emotional effect” on them. As a result, they “suffered . . . sickness, helplessness [and] frailty and . . . underwent] much grief, worry, loss of enjoyment of life, a wrecked nervous system, depression and emotional grief.”

The defendant moved to dismiss this action for negligent infliction of emotional distress on the ground that the complaint failed to state a claim upon which relief could be granted. See N.C.G.S. § 1A-1, Rule 12(b)(6) (1990). After a hearing, the trial court entered an order granting the defendant’s motion and dismissing the action.

The Court of Appeals held that the question of foreseeability in the case at bar was one for the jury and the trial court had therefore erred in dismissing the plaintiffs’ claim. Sorrells v. M.Y.B. Hospitality Ventures, 108 N.C. App. 668, 672, 424 S.E.2d 676, 679-80 (1993). Therefore, the Court of Appeals reversed the trial court’s order.

This Court has recognized claims for negligent infliction of emotional distress for more than one hundred years. Johnson v. Ruark Obstetrics, 327 N.C. at 290, 395 S.E.2d at 89. See generally Robert G. Byrd, Recovery for Mental Anguish in North Carolina, 58 N.C. L. Rev. 435 (1980). In Johnson v. Ruark Obstetrics we briefly reviewed the various mechanical and arbitrary “tests” applied to claims for negligent infliction of emotional distress in other jurisdictions. Ruark, 327 N.C. at 288-90, 395 S.E.2d at 88-89. We [672]*672expressly refused, however, to adopt any of those mechanical tests and emphasized that claims for emotional distress filed in our courts “must, of course, be decided under North Carolina law.” Id. at 290, 395 S.E.2d at 89. We surveyed the decisions of this Court applying North Carolina law and expressly held that “our law includes no arbitrary requirements to be applied mechanically to claims for negligent infliction of emotional distress.” Id. at 291, 395 S.E.2d at 89 (emphasis added).

To state a claim for negligent infliction of emotional distress under North Carolina law, the plaintiff need only allege that: “(1) the defendant negligently engaged in conduct, (2) it was reasonably foreseeable that such conduct would cause the plaintiff severe emotional distress . . . , and (3) the conduct did in fact cause the plaintiff severe emotional distress.” Id. at 304, 395 S.E.2d at 97. In Ruark we emphasized that “mere temporary fright, disappointment or regret will not suffice.” Id. Rather, to establish “severe emotional distress” as defined in Ruark, the plaintiff must show an “emotional or mental disorder, such as, for example, neurosis, psychosis, chronic depression, phobia, or any other type of severe and disabling emotional or mental condition which may be generally recognized and diagnosed by professionals trained to do so.” Id.

Where, as in the case at bar, the plaintiff is seeking to recover for his or her severe emotional distress arising from an injury to another, the plaintiff may recover “if. . . [he or she] can prove that he or she has suffered such severe emotional distress as a proximate and foreseeable result of the defendant’s negligence.” Id. (emphasis in original). In making this foreseeability determination, the “factors to be considered” include, but are not limited to: (1) “the plaintiff’s proximity to the negligent act” causing injury to the other person, (2) “the relationship between the plaintiff and the other person,” and (3) “whether the plaintiff personally observed the negligent act.” Id. at 305, 395 S.E.2d at 98. However, such factors are not mechanistic requirements the absence of which will inevitably defeat a claim for negligent infliction of emotional distress. See generally Gardner v. Gardner, 334 N.C. 662, — S.E.2d — (1993). The presence or absence of such factors simply is not determinative in all cases. Id. Therefore, North Carolina law forbids the mechanical application of any arbitrary factors —such as a requirement that the plaintiff be within a “zone of danger” created by the defendant or a requirement that the plaintiff personally observe the crucial negligent act — for purposes of determining [673]*673foreseeability. Rather, the question of reasonable foreseeability under North Carolina law “must be determined under all the facts presented, and should be resolved on a case-by-case basis by the trial court and, where appropriate, by a jury.” Ruark, 327 N.C. at 305, 395 S.E.2d at 98. While some may fear that such reliance on reasonable foreseeability, “if carried out to its fullest extent, would directly lead to the recovery of damages for all kinds of mental suffering,” this Court long ago concluded in emotional distress cases that we are “compelled to carry out a principle only to its necessary and logical results, and not to its furthest theoretical limit, in disregard of other essential principles.” Chappell v. Ellis, 123 N.C. 259, 263, 31 S.E. 709, 711 (1898) (emphasis added), quoted with approval in Ruark, 327 N.C. at 306, 395 S.E.2d at 98.

As this case hinges on the issue of reasonable foreseeability, it is useful and instructive to note other cases — in addition to Ruark — in which this Court has considered the foreseeability of a plaintiff’s emotional distress arising from his or her concern for another. One such case is Bailey v. Long, 172 N.C. 661, 90 S.E. 809 (1916), in which the plaintiff’s wife died due to the negligence of the defendant physician and his hospital. The plaintiff had taken his wife to the defendant’s hospital for treatment of a broken hip.

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Cite This Page — Counsel Stack

Bluebook (online)
435 S.E.2d 320, 334 N.C. 669, 1993 N.C. LEXIS 464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sorrells-v-myb-hospitality-ventures-nc-1993.