DocketNumber: No. CV96-0251335S
Judges: GAFFNEY, J.
Filed Date: 3/6/1996
Status: Non-Precedential
Modified Date: 4/17/2021
The plaintiff concedes in her memorandum of law (p. 2), filed in objection to the defendant's motion, that "the weight of opinion in this state precludes a claim for emotional distress caused by the sight of injury or threatened harm to another. . . ." It is her claim, however, that her injuries were the result of emotional distress caused "by fear of injury to herself," as to which no bar to recovery is present. While there is some difference of opinion among trial court jurists, the greater weight of authority supports the proposition that "there can be no recovery for nervous shock and mental anguish caused by the sight of injury or threatened harm to another. Strazza v. McKittrick [
Although her complaint is not entirely clear as to the direct cause of the alleged emotional injury, it is clear that the plaintiff was at the critical time within the zone of danger. In making its ruling the court construes, as it must, the facts alleged in the complaint in a manner most favorable to sustaining its sufficiency. Kelly v. Figueiredo,
Gaffney, J.