Mind Versus Body: Does "Bodily Injury" Encompass

In Garrison v. Bickford, 377 S.W.3d 659 (Tenn. 2012), the Tennessee Supreme Court was called upon to determine whether emotional distress, standing alone, falls within the ambit of "bodily injury" as that term was used not only in the uninsured motorist policy at issue in the case, but is also used in Tennessee's uninsured motorist statute.

In Garrison, a car driven by Andy Bickford struck and killed Michael Garrison. Michael Garrison's parents, Jerry and Martha Garrison, and younger brother, Daniel Garrison, heard, but did not see, the collision. They did, however, respond to the accident in an attempt to render aid. Following Michael's death, the Garrisons filed claims for wrongful death and negligent infliction of emotional distress against Andy Bickford and the owner of the car, Rita Bickford. According to the complaint, the Garrisons "suffered grief, fright, shock, depression, loss of sleep and other problems" as a result of what they saw.