Long

Plaintiff was injured in a traffic accident in which her foster daughter was killed. Defendants contend the trial court erroneously allowed plaintiff to recover damages for the emotional distress she suffered from witnessing the fatal injuries to her foster daughter. Defendants also contend the court erred when it refused to allow them to present evidence on the lack of seat belts in plaintiffs car, and when it shifted the costs of expert witness fees to defendants.

As this was not a bystander case, plaintiff was properly allowed to recover damages she suffered as a result of witnessing the fatal injuries to her foster daughter. We affirm the judgment of the trial court.

Factual and Procedural Background

Plaintiff Nadine M. Long was the driver of a car struck from behind by a tow truck driven by defendant Craig Judell and owned by defendant PKS, Inc. Long’s 27-year-old foster daughter, Dianna Malgren, was a passenger in the car. Long suffered bruises to her ribs and breasts, and a cervical sprain. Malgren suffered fatal injuries.

Malgren had lived with Long and her husband, plaintiff Ronald Long, since the age of seven. She had severe physical problems including a…