Mesa v. Burke: Mental Anguish Damages for Witnessing Injury to a Close Relation
![handle is hein.journals/louilr48 and id is 1016 raw text is: Mesa v. Burke: Mental Anguish Damages for Witnessing
Injury to a Close Relation
Maria Mesa was driving with her eleven-year-old daughter when they
were involved in an automobile accident which was solely the result of
the negligence of Mark S. Burke.' The child suffered head injuries which
required treatment in a hospital's intensive care unit, where she remained
unconscious for several days. Upon regaining consciousness, she was
partially paralyzed on her right side.2
The driver, Maria Mesa, also sustained physical and mental injuries
as a result of the accident. The Mesas brought suit in state court against
the negligent driver to recover damages for Mrs. Mesa's physical and
emotional injuries which were caused by the automobile accident.
Finding that emotional distress occurred in fact, the trial court
awarded the mother compensation for the mental anguish she expe-
rienced immediately after the accident until her child regained con-
sciousness.3 In making this award, the trial court found credible Mrs.
Mesa's testimony that she thought her daughter was dead immediately
after the accident at which time the police officer ... could not find
a pulse on Cynthia.'4 The defendant appealed the trial court's decision
to the Louisiana Fifth Circuit Court of Appeal. Mesa v. Burke, 506
So. 2d 121 (La. App. 5th Cir. 1987). Although the court of appeal
agreed with the factual finding of the lower court, it did not agree that
the plaintiff deserved compensation for her mental anguish under Louis-
iana law, observing that [i]t has long been the law of this state that
mental anguish suffered by a bystander as a result of negligent injury
to a third person is not compensable, unless there exists a breach of
some independent duty of care owed to the bystander.5
The purpose of this note is to examine the history of Louisiana's
bystander non-recovery rule and the justification for not compensating
plaintiffs such as Mrs. Mesa. It will also explore Louisiana cases which,
like Mesa, disallow bystander mental anguish damages while at the same
time express misgivings about their holdings. Finally, this note will
Copyright 1988, by LOUISIANA LAW REVIEW.
1. Mesa v. Burke, 506 So. 2d 121, 122 (La. App. 5th Cir. 1987), cert. denied, 506
So. 2d 1226 (1987) (the negligence of the defendant was stipulated to at trial).
2. Id.
3. Id. at 123.
4. Id.
5. Id. at 124.](ViewImageLocal?handle=hein.journals/louilr48&div=48&collection=&method=preview&ext=.png&size=3)
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Mesa v. Burke: Mental Anguish Damages for Witnessing Injury to a Close Relation
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