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The plaintiff has brought a six-count Writ against Quality Safety Systems Co., Toyota Motor Corp., Toyota Motor Sales, USA, Inc., and Auto Fair Toyota of Manchester to recover damages for injuries she sustained when the seatbelt of her leased 1997 Toyota Tacoma malfunctioned. On July 17, 2002, the court (Fauver, J.) dismissed Count I (Strict Liability), Count II (Negligence), and Count VI (Res Ipsa Loquitor) as against Auto Fair Toyota and Quality Safety. On November 12, 2002, the court (Fauver, J.) granted summary judgment on Count III (Breach of Express: Warranty) as against Auto Fair and Count I (Strict Liability), Count. II (Negligence), and Count VI (Res Ipsa Loquitor) as against Toyota Motor Sales.

On May 5, 1997, the court held a hearing on defendants' motion to dismiss count IV of plaintiffs' writ. Defendants claim that plaintiff Dawn Brauel may not recover for negligent seriously injured and immediately observe the child at the accident scene" are entitled to recover for negligent infliction of emotional distress. Corso, 119 N.H. at 649, 659. The Court permitted recovery even though the parents did not witness the crash itself.