Richard Lane, et al v. Estate of Gary K. Leggett

This appeal arises from an action to recover for emotional injuries allegedly sustained when the decedent/defendant’s automobile drove into Plaintiff’s business, struck a gas meter, and started a fire, which destroyed the business. The Plaintiff filed suit alleging causes of action for negligence and negligence per se and sought damages for emotional distress. The Defendant moved for summary judgment on the ground that Tennessee law does not recognize a cause of action for emotional injuries arising out of damage to or loss of property. The trial court granted summary judgment to Defendant on the negligent infliction of emotional distress claims, finding that Plaintiff did not establish that the injury was the proximate and foreseeable result of the Defendant’s negligence. The court dismissed the remaining claim on the basis of the prior suit pending doctrine due to a pending interpleader action filed by Defendant’s liability insurer. Plaintiff appeals; we affirm the judgment of the trial court.