Christen v. United States of America
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 2:17-cv-00763-APG-PAL
UNITED STATES OF AMERICA,
ORDER GRANTING MOTION TO
(ECF No. 8)
Defendant United States of America moves to dismiss plaintiff Susanne Christen’s claim
for negligent infliction of emotional distress (“NIED”). The United States argues that Nevada
law (which informs this Federal Tort Claims Act case against the United States) recognizes NIED
claims only for bystanders, and Christen is not a bystander to her own harm. The United States
also argues that because Christen asserts a negligence claim for which she can pursue emotional
distress damages, her NIED is redundant. Christen agrees to not oppose dismissal of her NIED
claim given that she can recover emotional distress damages related to her negligence claim. It is
unclear why the parties could not have resolved this issue without the need for court intervention.
IT IS THEREFORE ORDERED that defendant United States of America’s motion to
dismiss (ECF No. 8) is GRANTED. Plaintiff Susanne Christen’s claim for negligent infliction
of emotional distress is dismissed.
DATED this 25th day of August, 2017.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
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