Issue Does Dr. Nolan-Pryor have a civil cause of action for negligent infliction of emotional distress (NIED) as a bystander against Santiago Adler? Brief Answer Probably no. Dr. Nolan-Pryor did not establish a high enough level of certainty regarding her husband’s involvement in the collision or his injuries due to the accident in order to satisfy the “contemporaneous awareness” element of a bystander claim. Facts On Friday, September 4, 2015, approximately at 3:00 PM, Dr. Melanie Nolan-Pryor (46) and her husband, Dr. Brent Pryor (46), left a luncheon in Sacramento in separate cars. Dr. Nolan-Pryor was driving her blue 2013 Lexus SUV, while Dr. Pryor was in his silver 2014 Toyota Prius. Traffic on I-80 was slow; Dr. Nolan-Pryor estimated her speed range from 20 to 40 miles per hour. As the couple approached the Mace Boulevard exit, Dr. Nolan-Pryor’s car was located “in the lane to the left of the right-hand lane”, and Dr. Pryor was traveling in about 10 car lengths from her in the lane to her right, with a black Toyota Tundra truck in front of him and a red Ford Escape SUV behind him. “At around the point where the Mace Boulevard exit sign is posted”, Dr. Nolan-Pryor was looking to her left, when suddenly she heard “the sound of a crash” coming from a location ahead of Dr. Nolan-Pryor’s car and to her right. …show more content…
She also noticed that Toyota Tundra was much closer to Ford Escape than before, and its left front bumper was damaged. “It took about two seconds”