Clifton v. McCammackAnnotate this Case
Darryl Clifton was struck by a car driven by Ruby McCammack and suffered fatal injuries. At the time of the collision, Darryl’s father, Ray Clifton, was home watching television. After watching a news story about a fatal car crash, Ray drove to the scene of the accident, fearing the person involved in the collision was Darryl. When he arrived, the unsuccessful resuscitation efforts had ended, and Darryl’s body had been moved and covered with a white sheet. Ray sued McCammack for negligent infliction of emotional distress. The trial court granted summary judgment to McCammack, concluding that Ray failed to meet the circumstantial factors under the bystander test. The Supreme Court affirmed, holding that, as a matter of law, Clifton did not meet the bystander rule’s three circumstantial factors.