Gu

I. INTRODUCTION

In this appeal we consider a claim for negligent infliction of emotional distress arising from a fatal accident involving a 1999 BMW 328i convertible that appellant Yan Gu (Yan) had purchased from respondent BMW of North America, LLC (BMW), a distributor of BMW motor vehicles. At the time of the accident, Yan’s sister Ling Gu (Ling) was driving the BMW convertible with their parents as passengers. Ling sustained fatal head injuries due to the vehicle’s allegedly defective head protection system. The parents were injured in the accident but survived. Yan was not a passenger in the vehicle and she did not witness the accident.

Nevertheless, Yan has asserted a cause of action against BMW for negligent infliction of emotional distress, in which she claims that she suffered emotional distress as the direct victim of BMW’s negligence in failing to use due care in the design and manufacture of the vehicle’s head protection system. BMW demurred on the ground that the complaint failed to state facts sufficient for a claim of negligent infliction of emotional distress because Yan was not a bystander who witnessed the injury-producing event. The trial court…