Wilks

After a tragic explosion and fire in which one young girl was killed and another severely burned, a suit was brought alleging wrongful death and personal injury against the landlords of the residence where the explosion occurred. In this appeal we confirm that the mother of the injured child may receive damages for emotional distress occasioned by the negligently caused injuries to her daughter. We determine such damages are appropriate because the mother was contemporaneously aware that the explosion was causing the injuries although she did not actually see or hear her daughter being injured. We decide also that the trial court did not err in instructing the jury on negligence per se, in refusing to give a special instruction on landlord liability or in allowing graphic testimony of the children’s injuries.

Factual and Procedural Background

Kimberly Wilks (Wilks) and her three daughters lived in a residence they rented from George Hom, Tom Hom, Herbert Hom and Campo Lake Properties (appellants). On October 12, 1987, after the family had lived at the residence for about six months, Wilks’s boyfriend, Arthur Ayres (Ayres) hooked up the house’s existing propane system,…