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Story originally printed in the Winona Daily News or online at www.winonadailynews.com

Published - Wednesday, May 21, 2008

Appeals court revives trucker's claim of emotional harm

WAUSAU, Wis. (AP) — A Wisconsin appeals court has revived a trucker's claim that he was emotionally harmed by witnessing a fatal traffic accident.

Gale Schaffer of Iron Mountain, Mich., is seeking damages for emotional distress after a car skidded on a snow-slick road in Marinette County in 2005 and smashed into his truck. The accident killed the 21-year-old driver of the car.

Schaffer sought damages for emotional distress, among other things, from the victim's insurance company but a judge dismissed that claim.

The 3rd District Court of Appeals on Tuesday ruled the judge wrongly determined Schaffer had to fear for his own safety for the claim to continue. The panel says that standard applies to bystanders and Schaffer was a direct participant.

Schaffer claims he now is paranoid about driving.