02-0026-FT Kosieradzki v. Mathys

By: dmc-admin//July 1, 2002//

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Kyle’s mother and twin brother watched as Kyle was struck by a car; father and sister came out of the house and witnessed the aftermath. Kyle remains severely disabled; the driver’s insurance company agreed to pay its “policy limits;” the only issue on appeal is whether the $100,000 “each accident” or the $50,000 “each person” limit applies.

Even though the family’s emotional distress claims may be independent, non-derivative, and constitute “bodily injury,” they arise out of the injury one person sustained; total recovery under the settlement agreement is limited to $50,000.

Reversed.

Recommended for publication in the official reports.

Dist III, St. Croix County, Lundell, J., Hoover, P.J.

Attorneys:

For Appellant: James W. Mohr, Jr., Hartford

For Respondent: Mark R. Kosieradzki, Minnetonka, Minn.

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