Trina & Richard Cortese v. Lucas Wells, 76748-8

On Sept. 4, 2013, Tanner Trosko died by mechanical asphyxiation after a pickup truck he was riding in overturned.
Tanner’s mother, Trina Cortese, learned of the accident and that her son had not survived from third parties before driving to the scene.
Trina arrived about 20 minutes after the crash; emergency responders had already removed Tanner, who was on the road covered by a sheet (she could see his feet).
Trina later was diagnosed with PTSD and sued defendants (including State Farm, her UIM insurer) asserting negligent infliction of emotional distress (NIED) among other claims.
State Farm moved for summary judgment on the NIED claim, arguing Trina learned of Tanner’s death before arriving and therefore could not recover.
The trial court granted summary judgment for State Farm; Cortese appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Trina can recover NIED despite learning of the death before arriving at the scene	Cortese contends she still experienced the kind of shock recoverable as NIED upon seeing her son at the scene	State Farm argues NIED requires contemporaneous sensory observation of the victim shortly after the accident; prior knowledge defeats foreseeability	Court held Cortese cannot recover as a matter of law: she was an "unwitting" arrival, learned of death before arrival, and did not witness the immediacy of the victim's suffering

Hegel v. McMahon, 136 Wn.2d 122, 960 P.2d 424 (1998) (establishes NIED recovery only for those who witness victim's suffering at scene shortly after accident before material change)
Colbert v. Moomba Sports, Inc., 163 Wn.2d 43, 176 P.3d 497 (2008) (unwitting plaintiffs who learn of injury before arrival are generally not foreseeable NIED plaintiffs)
Mazzagatti v. Everingham, 512 Pa. 266, 516 A.2d 672 (Pa. 1986) (adopted reasoning on "unwitting" arrivals: prior knowledge buffers shock and reduces recoverable NIED)