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Click here for the full text of this decision FACTS:Twanda Billington was driving a car, following another car driven by her grandmother. Her grandmother’s car turned a corner. Billington could not see her, but she heard a crash. When she turned the corner, she saw that her grandmother’s car had been hit by a car driven by Lamberson. The grandmother died from injuries suffered in the crash. Billington sued Lamberson for the mental anguish she sustained as a bystander to the accident. Lamberson’s motion for summary judgment raised two grounds: 1. Billington was not a person “closely related” to the grandmother; and 2. Billington’s pleadings did not state a viable bystander cause of action. Lamberson presented evidence that Billington was married, living with her her husband and two children on a ranch in Moore County, while her 77-year-old grandmother lived in Potter county. Lamberson noted that Billington had never lived in her grandmother’s house, and also noted that Billington did not witness the accident. Billington responded that there was no evidence that she was not “closely related,” and that there was no case law denying the right of a granddaughter to maintain a bystander claim. The trial court granted summary judgment without specifying reasons. HOLDING:Affirmed. The court states that because summary judgment should not be based on a pleading deficiency that can be amended, and because the record does not show whether the trial court ruled on a special exception Lamberson filed, the court says the summary judgment may not be affirmed on the basis of the second ground. “Considering that Lamberson’s summary judgment evidence established Billington never shared a common residence with her grandmother, was married and lived on a ranch in an adjoining county, and other summary judgment evidence, in the absence of evidence by Billington raising a fact question as to the”closely related’ ground, we conclude the trial court did not err in rendering summary judgment for Lamberson.” OPINION:Reavis, J.; Reavis, Campbell and Hancock, JJ.

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