10 Cited authorities

Sinn v. Burd
486 Pa. 146 (Pa. 1979) Cited 291 times
Holding that a mother's claim to emotional distress from being a bystander to her daughter's death "is not to be denied solely because the plaintiff was beyond the zone of physical danger . . . ."
Cathcart v. Keene Indus. Insulation
324 Pa. Super. 123 (Pa. Super. Ct. 1984) Cited 209 times
Holding that a wife could not recover for negligent infliction of emotional distress against her then-living husband's former employer for the trauma she experienced watching her husband develop asbestosis
Simmons v. Pacor, Inc.
543 Pa. 664 (Pa. 1996) Cited 125 times
Holding that "asymptomatic pleural thickening is not a compensable injury"
Bloom v. Dubois Regional Medical Ctr.
409 Pa. Super. 83 (Pa. Super. Ct. 1991) Cited 85 times 1 Legal Analyses
Holding when assessing adequacy of complaint, crucial issue is whether pleaded facts could, upon further development and production of evidence, lead jury to reach necessary conclusions of law
Mazzagatti v. Everingham by Everingham
512 Pa. 266 (Pa. 1986) Cited 68 times
Rejecting recognition of cause of action for negligent infliction of emotional distress in instances where a close relative does not observe accident, but arrives a few minutes later and observes the victim
Tiburzio-Kelly v. Montgomery
452 Pa. Super. 158 (Pa. Super. Ct. 1996) Cited 18 times
In Tiburzio-Kelly, a doctor delivered Marcia Tiburzio-Kelly's baby by emergency caesarian delivery but did not wait for Mrs. Tiburzio-Kelly to receive general or epidural anesthesia.
Halliday v. Beltz
356 Pa. Super. 375 (Pa. Super. Ct. 1986) Cited 12 times
Finding that complaint's allegations that a decedent's husband and daughter were in the hospital during her operation but did not personally observe the decedent's surgery or the postoperative emergency measures employed on her behalf failed to meet the pleading requirements of a negligent infliction of emotional distress claim
Brooks v. Decker
512 Pa. 365 (Pa. 1986) Cited 11 times
Following Mazzagatti
Amader, v. Johns-Manville Corp.
514 F. Supp. 1031 (E.D. Pa. 1981) Cited 14 times
Holding a showing of physical injury is required to prevail on a claim for unintentional infliction of emotional distress
Tackett v. Encke
353 Pa. Super. 349 (Pa. Super. Ct. 1986) Cited 3 times
In Tackett, the plaintiff-mother alleged that her son was negligently misdiagnosed, which resulted in him being placed on an artificial breathing machine as well as suffering a comatose episode.

Ramos et al v. United States of America et al

10 Cited authorities

Holding that a mother's claim to emotional distress from being a bystander to her daughter's death "is not to be denied solely because the plaintiff was beyond the zone of physical danger . . . ."

Holding that a wife could not recover for negligent infliction of emotional distress against her then-living husband's former employer for the trauma she experienced watching her husband develop asbestosis

Holding that "asymptomatic pleural thickening is not a compensable injury"

Holding when assessing adequacy of complaint, crucial issue is whether pleaded facts could, upon further development and production of evidence, lead jury to reach necessary conclusions of law

Rejecting recognition of cause of action for negligent infliction of emotional distress in instances where a close relative does not observe accident, but arrives a few minutes later and observes the victim

In Tiburzio-Kelly, a doctor delivered Marcia Tiburzio-Kelly's baby by emergency caesarian delivery but did not wait for Mrs. Tiburzio-Kelly to receive general or epidural anesthesia.

Following Mazzagatti

Holding a showing of physical injury is required to prevail on a claim for unintentional infliction of emotional distress

In Tackett, the plaintiff-mother alleged that her son was negligently misdiagnosed, which resulted in him being placed on an artificial breathing machine as well as suffering a comatose episode.