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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 SUSANNE CHRISTEN, 5 6 7 8 Case No. 2:17-cv-00763-APG-PAL Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ORDER GRANTING MOTION TO DISMISS (ECF No. 8) 9 10 Defendant United States of America moves to dismiss plaintiff Susanne Christen’s claim 11 for negligent infliction of emotional distress (“NIED”). The United States argues that Nevada 12 law (which informs this Federal Tort Claims Act case against the United States) recognizes NIED 13 claims only for bystanders, and Christen is not a bystander to her own harm. The United States 14 also argues that because Christen asserts a negligence claim for which she can pursue emotional 15 distress damages, her NIED is redundant. Christen agrees to not oppose dismissal of her NIED 16 claim given that she can recover emotional distress damages related to her negligence claim. It is 17 unclear why the parties could not have resolved this issue without the need for court intervention. 18 IT IS THEREFORE ORDERED that defendant United States of America’s motion to 19 dismiss (ECF No. 8) is GRANTED. Plaintiff Susanne Christen’s claim for negligent infliction 20 of emotional distress is dismissed. 21 DATED this 25th day of August, 2017. 22 23 24 25 26 27 28 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

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