Ebarb

Inga LaVerne Ebarb, a minor, appeals the entry of summary judgment in defendants’ favor on her cause of action for negligent infliction of emotional distress. We affirm the judgment.

On May 30, 1980, Inga’s younger brother Tommy died in a tragic accident in the spa/jacuzzi at their condominium complex. Tommy’s arm became lodged up to the elbow in the uncovered drain at the bottom of the spa. A bystander’s efforts to free Tommy were unsuccessful and Tommy drowned. After the spa was drained, rescue teams worked for three hours to remove Tommy’s body; his arm was still encased in the pipe.

Tommy’s mother and father sued various parties for his wrongful death. The complaint included a cause of action by Inga for negligent infliction of emotional distress. This appeal concerns only that cause of action.

Inga alleged that she “was in close proximity to the Jacuzzi . . . personally witnessed all or part of said drowning, and personally viewed the body of her brother as it was removed from the Jacuzzi.” The facts adduced on the motion for summary judgment did not substantiate the crucial part of that claim; i.e., that she “personally witnessed all or part of said drowning.” To…