Williamson v. Bennett, 243

• Decision Date: 14 January 1960
• Docket Number: No. 243,243
• Citation: 112 S.E.2d 48,251 N.C. 498
• Parties: Margie WILLIAMSON v. Dorothy BENNETT.
• Court: North Carolina Supreme Court

Page 48

112 S.E.2d 48

251 N.C. 498

Margie WILLIAMSON v. Dorothy BENNETT.

No. 243

Supreme Court of North Carolina.

Jan. 14, 1960

Battle, Winslow, Merrell, Scott & Wiley, Rocky Mount, for defendant, appellant.

Thorp, Spruill, Thorp & Trotter, Rocky Mount, for plaintiff, appellee.

MOORE, Justice.

The question for decision on this appeal is whether or not the court erred in overruling defendant's motion for nonsuit of plaintiff's personal injury action.

For the purposes of this appeal defendant concedes that she was negligent, that her negligence was the proximate cause of the collision and that she is liable for the 'slight' damage to plaintiff's automobile. But she denies that she is responsible for plaintiff's neurosis and 'conversion reaction.'

On a motion for nonsuit the evidence is to be taken in the light most favorable to the plaintiff and she is entitled to the benefit of every reasonable intendment upon the evidence and every reasonable inference of fact to be drawn therefrom. Rickman Manufacturing Co. v. Gable, 246 N.C. 1, 14, 97 S.E.2d 672.

When the evidence in the instant case is considered in accordance with this rule, the following salient facts emerge: Plaintiff experienced no direct bodily impact and received no immediate physical injury from the collision. Plaintiff did not see what had struck her car until she had driven about half a block beyond the point of collision and parked her vehicle; she heard 'a grinding sound on the left side' of her automobile. She was more than ordinarily predisposed to neurosis. The collision occurred near a school building while children were going to school. About a month earlier her brother-in-law, while driving an automobile, had collided with a child on a bicycle and the child had been killed. When plaintiff heard the 'grinding noise' she was seized with fear and anxiety that she had hit a child on a bicycle and was somewhat relieved to discover later that she had not. From this experience she developed a neurosis which resulted in a conversion reaction or pseudo-paralysis. In the opinion of the psychiatrists who attended her, the collision and grinding noise 'triggered' her neurosis.

Upon this evidence plaintiff insists that she has made out a prima facie case for recovery of damages for personal injury resulting from defendant's negligence.

This case falls within a relatively 'open space' of the law. Our Court has decided cases somewhat analogous but none directly in point. With respect to some of the material aspects of the case there is considerable conflict and lack of significant direction in the decisions of other jurisdictions. This cause involves mental distress and invasion of emotional tranquillity. It concerns itself with fear and resultant neurasthenia allegedly caused by ordinary negligence. In so far as possible we shall avoid consideration of those situations wherein fright, mental suffering and nervous disorder result from intentional, wilful, wanton or malicious conduct.

The phase of the law with which we are here concerned is fully discussed, with ample citations and annotations, in the following authorities: 52 Am. Jur., Torts, sections 45-72, pp. 388-419; 25 C.J.S. Damages §§ 62-70, pp. 548-560; 64 A.L.R.2d 95-151; 98 A.L.R. 394-406; 76 A.L.R. 676-686; 56 A.L.R. 655-660; 44 A.L.R. 425-430; 40 A.L.R. 970-987; 23 A.L.R. 358-392; 11 A.L.R. 1115-1144. We have carefully considered these and other authorities. We have, of course, examined North Carolina decisions with great care. From the foregoing we glean the following general principles and conclusions.

It is almost the universal opinion that recovery may be had for mental or emotional disturbance in ordinary negligence cases where, coincident in time and place with the occurrence producing the mental stress, some actual physical impact or genuine physical injury also resulted directly from defendant's negligence. Thus, where plaintiff was electrically burned by defendant's negligence, it was held that she was entitled to recover for resulting shock and traumatic neurosis. Kentucky Traction & Terminal Co. v. Roman's Guardian, 1929, 232 Ky. 285, 23 S.W.2d 272. See also Israel v. Ulrich, 1932, 114 Conn. 599, 159 A. 634, where injury was slight. North Carolina dccisions are in accord. Ford v. Blythe Brothers Co., 242 N.C. 347, 87 S.E.2d 879; Lane v. Southern R. Co., 192 N.C. 287, 134 S.E. 855, 51 A.L.R. 1114; Kistler v. Southern R. Co., 171 N.C. 577, 88 S.E. 864. But the emotional disturbance and nervous disorder must be the natural and proximate result of the injury as it affects plaintiff himself. Ferebee v. Norfolk Southern R. Co., 163 N.C. 351, 79 S.E. 685, 52 L.R.A.,N.S., 1114. In this case plaintiff was not allowed to recover for mental suffering occasioned by worry that his physical injuries would prevent him from supporting his family and educating his child.

All courts agree that mere fright caused by ordinary negligence does not give a cause of action and may not be considered an element of damages. Gulf, C. & S. F. R. Co. v. Hayter, 1900, 93 Tex. 239, 54 S.W. 944, 945, 47 L.R.A. 325; Chiuchiolo v. New England Wholesale Tailors, 1930, 84 N.H. 329, 150 A. 540, 545. Our Court has so declared in negligence cases and in cases involving wilful conduct. Kirby v. Jules Chain Stores Corp., 210 N.C. 808, 812, 188 S.E. 625; Arthur v. Henry, 157 N.C. 438, 440, 73 S.E. 211; Kimberly v. Howland, 143 N.C. 398, 403, 55 S.E. 778, 7 L.R.A.,N. S., 545.

Where actual physical injury immediately, naturally and proximately results from fright caused by defendant's negligence, recovery is allowed. It was decided that 'one negligently colliding with another's automobile may properly be held liable for injury sustained by an occupant who, though uninjured by the collision, fainted from fright on leaving the car and, falling, fractured her skull.' Comstock v. Wilson, 1931, 257 N.Y. 231, 177 N.E. 431, 76 A.L.R. 676. See also Colla v. Mandella, 1957, 1 Wis.2d 594, 85 N.W.2d 345, 64 A.L.R.2d 95.

In some jurisdictions neurotic reactions, accompanied by severe headaches, dizziness, crying spells, irritability, back pains and similar manifestations, resulting from fright caused by defendant's negligence, are held to justify recovery on the ground that they amount to and should be regarded as 'physical' injuries. Bowman v. Williams, 1933, 164 Md. 397, 165 A. 182; Sutton Motor Co. v. Crysel, Tex.Civ.App.1956, 289 S.W.2d 631. In a decision of this Court, Kimberly v. Howland, supra [143 N.C. 398, 55 S.E. 780], it is said: 'The nerves are as much a part of the physical system as the limbs, * * * We think the general principles of the law of torts support a right of action for physical injuries resulting from negligence, whether willful or otherwise, none the less strongly because the physical injury consists of a wrecked nervous system instead of lacerated limbs.'

Most of the courts have displayed considerable reluctance to extend recovery for mental distress and nervous disorders resulting from shock and fright to situations involving ordinary negligence. Various reasons are assigned for denial of recovery in such cases. It has been said that there can be no recovery for the consequences of fright where there can be no recovery for fright itself. St. Louis, I. M. & S. R. Co. v. Bragg, 1901, 69 Ark. 402, 64 S.W 226; Mitchell v. Rochester R. Co., 1896, 151 N.Y. 107, 45 N.E. 354, 34 L.R.A. 781. There are decisions to the effect that nervous disorder resulting from fright is too remote in the chain of causation and is not the natural and probable consequence of the wrong done. Justesen v. Pennsylvania R. Co., 1919, 92 N.J.L. 257, 106 A. 137. It was held that a miscarriage as a result of fright is not actionable since it was the result of an accidental and unusual combination of circumstances which could not have been reasonably anticipated and over which the defendant had no control. Mitchell v. Rochester R. Co., supra. Some courts have denied recovery on the ground that emotional disturbances are subjective states of mind, difficult of proper evaluation and of such nature that plaintiff's proof is too easy and defendant's burden too difficult. It is suggested that recovery on such grounds will open the door to fraud. Huston v. Freemansburg Borough, 1905, 212 Pa. 548, 61 A. 1022, 3 L.R.A.,N.S., 49. It is contended that it would result in a flood of litigation. Mitchell v. Rochester R. Co., supra. Spade v. Lynn & Boston R. Co., 1897, 168 Mass. 285, 47 N.E. 88, 38 L.R.A. 512, rested its decision in part on the ground that in practice it is impossible for the courts to properly administer a rule allowing such recovery. These and many other reasons have been assigned for denying recovery for neurosis resulting from fright.

The courts of many jurisdictions allow recovery for emotional disturbances, mental suffering and neurosis resulting from shock and fright in cases of ordinary negligence if they proximately flow from defendant's wrongful act and may be reasonably foreseen. Bowman v. Williams, supra; Chiuchiolo v. New England Wholesale Tailors, supra. It has been declared that mental and nervous disorders are no more difficult to evaluate under these circumstances than as an element of damages following a physical injury. Orlo v. Connecticut Co., 1941, 128 Conn. 231, 21 A.2d 402, 405. Likewise it has been asserted that the question of causation lends itself to medical proof and is no more difficult of determination in this class of cases than in instances where there is contemporaneous personal injury. Dulieu v. White & Sons (Eng.1901), 2 K. B. 669.

Recovery is usually denied where the fear or anxiety resulting in neurosis is for the life, safety or well being of a person other than plaintiff himself. Waube v. Warrington, 1935, 216 Wis. 603, 258 N.W. 497, 98 A.L.R. 394; Cleveland, C., C. & St. L. Ry. Co. v. Stewart, 1900, 24 Ind. App. 374, 56 N.E. 917. Our Court has adopted this view. Hinnant v....