Christen v. United States of America

Filing 17

ORDER. IT IS ORDERED that 8 defendant United States of America's motion to dismiss is GRANTED. Plaintiff Susanne Christen's claim for negligent infliction of emotional distress is dismissed. Signed by Judge Andrew P. Gordon on 8/25/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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SUSANNE CHRISTEN,

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Case No. 2:17-cv-00763-APG-PAL

Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

ORDER GRANTING MOTION TO
DISMISS
(ECF No. 8)

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Defendant United States of America moves to dismiss plaintiff Susanne Christen’s claim

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for negligent infliction of emotional distress (“NIED”). The United States argues that Nevada

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law (which informs this Federal Tort Claims Act case against the United States) recognizes NIED

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claims only for bystanders, and Christen is not a bystander to her own harm. The United States

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also argues that because Christen asserts a negligence claim for which she can pursue emotional

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distress damages, her NIED is redundant. Christen agrees to not oppose dismissal of her NIED

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claim given that she can recover emotional distress damages related to her negligence claim. It is

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unclear why the parties could not have resolved this issue without the need for court intervention.

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IT IS THEREFORE ORDERED that defendant United States of America’s motion to

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dismiss (ECF No. 8) is GRANTED. Plaintiff Susanne Christen’s claim for negligent infliction

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of emotional distress is dismissed.

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DATED this 25th day of August, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE