Jerry Garrison v. Rita Bickford
377 S.W.3d 659
| Tenn. | 2012Background
- Eighteen-year-old Michael Garrison was killed when Andy Bickford’s car struck him while he rode a minibike.
- Garrison parents (Jerry and Martha) sought wrongful death and negligent infliction of emotional distress damages, plus uninsured motorist (UM) coverage from State Farm.
- Settlement occurred: $25,000 for wrongful death and $25,000 for NIED against Bickford; State Farm paid $75,000 under Each Person limit but refused emotional-distress damages.
- State Farm argued emotional distress is not ‘bodily injury’ under the policy and that the Thus-Each Person limit was exhausted by prior settlements.
- Trial court rejected State Farm’s arguments; Court of Appeals reversed; Tennessee Supreme Court granted review to decide if ‘bodily injury’ includes standalone mental injuries.
- The Court held that ‘bodily injury’ does not include purely emotional injuries; statute and policy are aligned to exclude mental injuries absent physical injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 'bodily injury' include purely emotional injuries? | Garrison argued statute/policy cover emotional harm under ‘bodily injury.’ | State Farm contends 'bodily injury' modifiers exclude emotional distress. | No; bodily injury does not include standalone emotional injury. |
| Does the uninsured motorist statute supersede the policy to provide coverage for emotional distress? | Statute broadens coverage beyond policy’s plain terms. | Policy language controls; statute does not extend coverage to emotional distress. | Statute does not supersede the policy; coverage ends where policy language limits it. |
Key Cases Cited
- Guardian Life Insurance Co. of America v. Richardson, 129 S.W.2d 1107 (Tenn. Ct. App. 1939) (interpreting bodily injury in life insurance context to exclude mental disease)
- Daley v. Nationwide Mut. Ins. Co., 958 P.2d 756 (Wash. 1972) (majority view that bodily injury excludes purely emotional injuries)
- David v. Nationwide Mut. Ins. Co., 665 N.E.2d 1171 (Ohio Ct. App. 1995) (emotional distress generally not covered when no physical injury)
- Ryder v. USAA General Indemnity Co., 938 A.2d 4 (Me. 2007) (bystander emotional distress coverage analysis under bodily injury language)
- Citizens Ins. Co. of Am. v. Leiendecker, 962 S.W.2d 446 (Mo. Ct. App. 1998) (bodily injury includes physical harm; emotional harm generally excluded)