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Intervene and terminate the subject's restraint such that they are subject to bystander liability under 42. 3 Bystander Emotional Distress.New December 7, 2015. Therefore, the role of the bystander is not simply an important element. Read the Court's full decision on FindLaw. Credibility determinations, weigh the party's failure to call a potentially corroborating employee bystander to corroborate the party's witness. Named in the claim even if known to the plaintiff. Credibility determinations, weigh the party's failure to call a potentially corroborating employee bystander to corroborate the party's witness. Named in the claim even if known to the plaintiff. Foreseeability of injured bystander.