Waid v. Ford Motor Co.

484 A.2d 1152, 125 N.H. 640, 1984 N.H. LEXIS 389
CourtSupreme Court of New Hampshire
DecidedOctober 26, 1984
DocketNo. 84-042
StatusPublished
Cited by14 cases

This text of 484 A.2d 1152 (Waid v. Ford Motor Co.) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Waid v. Ford Motor Co., 484 A.2d 1152, 125 N.H. 640, 1984 N.H. LEXIS 389 (N.H. 1984).

Opinion

Batchelder, J.

The issue before us is whether the rule we enunciated in Corso v. Merrill, 119 N.H. 647, 406 A.2d 300 (1979), has retroactive effect. Corso expanded the class of persons who may maintain an action for the negligent infliction of emotional distress. The plaintiff in the present case alleges that she suffered emotional distress as the result of an auto accident caused by the defendant’s negligence. The accident occurred four months before our decision in Corso. Plaintiff concedes that she may prosecute her suit only if Corso has retroactive effect. Ruling that Corso has only prospective application, the Superior Court (DiClerico, J.) dismissed the suit. We reverse and remand.

Corso rejected the long-standing “zone of danger” rule. Id. at 649, 406 A.2d at 302. Under that rule, a plaintiff, who witnessed a loved one injured by a defendant’s negligence, could recover for emotional distress only if the plaintiff had been exposed to a risk of physical harm by the defendant’s carelessness. Phipps v. McCabe, 116 N.H. 475, 476, 362 A.2d 186, 187 (1976). The rule was premised on a number of policy considerations, chief among which was a desire to limit the potential liability of defendants. Corso v. Merrill, 119 N.H. at 653, 406 A.2d at 304. It was felt that if recovery was available to [641]*641persons not physically threatened by a defendant’s carelessness, then the defendant’s liability exposure would be unreasonably large. Id.

Recognizing the need for liability constraints, Corso reasoned that a defendant’s interest in having his potential liability defined by his true culpability must, nonetheless, be balanced against a plaintiff’s interest in freedom from emotional distress. Id. at 652-53, 406 A.2d at 304. We held in that case that the zone of danger rule did not adequately protect this latter interest. Id. at 653, 406 A.2d at 304. We rejected the danger zone rule and adopted the increasingly accepted foreseeability test. Id. at 653-54, 406 A.2d at 304-05. This test allows bystander recovery in certain narrowly defined instances where the defendant could have reasonably foreseen that his carelessness would cause others acute emotional distress. Id.

On April 20, 1979, the plaintiff and her husband were driving separate cars in the same direction on Route 12A in Claremont. The plaintiff’s husband was returning his company car to his employer. The plaintiff was following to pick him up after he dropped off his car. Due to the distance between the cars, the plaintiff lost sight of her husband’s car.

The husband entered the left lane to pass a pickup truck. The truck also moved to its left to pass a vehicle ahead. As a result, the husband’s car veered off the left side of the road into a tree, killing the husband. Shortly thereafter, the plaintiff arrived at the scene of the accident.

The plaintiff has brought suit against the pickup truck owner, alleging negligent supervision of its driver, and against the pickup truck manufacturer, alleging that a defective rearview mirror on the pickup truck prevented the driver from seeing the plaintiff’s husband as he attempted to pass. In both suits, the plaintiff claims that she has suffered emotional distress due to the defendants’ negligence. The plaintiff concedes that the acts of the defendants posed her no risk of physical harm. Since she was admittedly outside the zone of danger, Corso must apply in order for her to maintain her claims.

At common law, decisions overruling prior precedents were presumed to apply retroactively. See Hampton Nat’l Bank v. Desjardins, 114 N.H. 68, 73, 314 A.2d 654, 657 (1974) (citing Linkletter v. Walker, 381 U.S. 618, 622-23 (1965)). Although we reject pat application of this rule, we note its soundness when applied in certain instances. A newly announced rule of law is ideally premised on the court’s determination that this rule’s application will reach results more just than those reached under prior law. According to the common law view, by saying what the law is, the court says, in effect, what it should always have been. See id. We are mindful of [642]*642the persuasiveness of this proposition in instances such as the present case, where the law has been changed solely to achieve justice and not to accommodate new social realities.

In another context we recently observed, “The determination [of] whether ... to extend liability arising from a single tortious act must be based on public policy considerations . . . .” Siciliano v. Capitol City Shows, Inc., 124 N.H. 719, 725, 475 A.2d 19, 21 (1984). In determining whether to extend Corso temporally, we consider, first, the extent to which retroactive application would prejudice parties who have relied on prior law and, second, the extent to which Corso has exposed potential defendants to a new type of liability.

“Although constitutional, retroactive application of a court decision is harsh on persons who have relied on the law now declared unlawful . . . .” Hampton Nat’l Bank v. Desjardins, 114 N.H. at 73, 314 A.2d at 657. Past reliance on a newly superseded law has always militated against retroactive application of its replacement. See, e.g., Vickers v. Vickers, 109 N.H. 69, 70, 242 A.2d 57, 57-58 (1968) (parental negligence immunity not abolished retroactively, in part because potential claims had not been brought or investigated by parties in reliance on prior law); Phillips Exeter Academy v. Gleason, 102 N.H. 369, 376, 157 A.2d 769, 775 (1960) (decision establishing exclusive jurisdiction of probate court over the appointment of testamentary trustees held to have only prospective effect due to “strong public policy ... [to avoid] ‘disruption of the settlement of estates’”) (quoting Langdell v. Dodge, 100 N.H. 118, 123, 122 A.2d 529, 532 (1956)).

The defendants argue that Corso should be applied only prospectively because potential defendants and their insurers, in reliance on the zone of danger rule, failed adequately to investigate and keep records of emotional distress claims arising outside the danger zone. The defendants argue that a retroactive ruling would thus prejudice the class of defendants subject to our ruling in Corso. This argument is unpersuasive. The discovery process should serve to inform defendants sufficiently of the factual nature of emotional distress claims against them. The six-year limitations period on personal actions, RSA 508:4, should insulate them from claims so antique that the underlying facts are no longer discoverable. Cf. Vickers v. Vickers, 109 N.H. at 70, 242 A.2d at 58 (limitations period which did not begin to run until child plaintiff reached majority militated against retroactive application of decision abolishing parental negligence suit immunity).

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Bluebook (online)
484 A.2d 1152, 125 N.H. 640, 1984 N.H. LEXIS 389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waid-v-ford-motor-co-nh-1984.