Defendants' other cited authorities also involve issues of temporal proximity to the injury-causing event. SeeCurran , 67 F. Supp. 3d at 768 (no bystander claim where parent did not witness event or arrive at scene soon thereafter); Daigrepont v. La. State Racing Comm'n , 663 So. 2d 840, 840-41 (La. App. 1995) (no bystander claim where plaintiff did not witness horse-riding accident, but arrived at scene after son had been transported, was informed of accident, rushed to son's side in hospital emergency room, and later viewed videotape of accident at hospital). Here, Plaintiffs allege that Patricia Grimes heard the shots, immediately ran outside the house, and saw her son's bullet-ridden car (but not her son's body), and that Adolph Grimes, Jr., after being informed of the situation, also ran out of the house to the scene.
The claims brought by the following individuals must be DISMISSED due to lack of standing: See Daigrepont v. State Racing Com'n, 663 So.2d 840, 841 (La.App. 1995) (requiring plaintiff's actual presence at the scene of the injury, and not allowing any further interpretation of the provision in the Louisiana Code establishing a cause of action for IIED); Taylor v. Albert Einstein Medical Center, 754 A.2d 650, 652-53 (Pa. 2000) (limiting IIED recovery to those plaintiffs "who were present at the time, as distinguished from those who discover later what has occurred," even in those situations where the defendant may be substantially certain that the plaintiff will suffer severe emotional distress as a result of the offensive act). To the extent that these plaintiffs are relatives to any of the deceased servicemen, it should be noted that the dismissal of these plaintiffs' IIED claims does not hinder these individuals' ability to recover any portion of a wrongful death damages awarded to the estates of those servicemen to which these dismissed plaintiffs may be entitled under North Carolina law.
When a constitutional provision is clear and unambiguous and its application does not lead to absurd consequences, it shall be applied as written, with no further interpretation made in search of the legislative intent. LA.CIV.CODE art. 9; Daigrepont v. Louisiana State Racing Comm'n, 95-0539 (La.App. 4 Cir. 10/26/95), 663 So.2d 840, writ denied, 95-2828 (La. 2/2/96), 666 So.2d 1085. Courts must interpret every provision, considering the purpose of the provision and the interests it furthers and resolves. Succession of Lauga, 624 So.2d at 1165.
When the law is clear and unambiguous and its application does not result in absurd consequences, it shall be applied as written and no interpretation may be made in search of the legislature's intent. La.C.C. art. 9; Daigrepont v. Louisiana State Racing Commission, 95-0539 (La.App. 4 Cir. 10/2/96), 663 So.2d 840, writ denied, 95-2828 (La. 2/2/96), 666 So.2d 1085. When a statute is clear the court must give credence to the mandate expressed by the legislature and cannot resort to construing a statute based on the spirit of the law as opposed to the plain wording of the law.
When the law is clear and unambiguous and its application does not result in absurd consequences, it shall be applied as written and no interpretation may be made in search of the legislature's intent. La.C.C. art. 9; Daigrepont v. Louisiana State Racing Commission, 95-0539 (La.App. 4 Cir. 10/2/96), 663 So.2d 840, writ denied, 95-2828 (La. 2/2/96), 666 So.2d 1085. When a statute is clear the court must give credence to the mandate expressed by the legislature and cannot resort to construing a statute based on the spirit of the law as opposed to the plain wording of the law.