Migliori v. Airborne Freight Corp.

MEMORANDUM AND ORDER FOR CERTIFICATION

YOUNG, District Judge.

This case presents a classic question of the evolution of the common law, a matter of first impression within this District and Commonwealth. Does a person who comes upon the scene of an accident and voluntarily administers CPR to a profusely bleeding victim, to whom he or she has no familial or other pre-existing relationship, have a viable claim for negligent infliction of emotional distress against the tortfeasor under Massachusetts law if the rescue attempt is unsuccessful and, as a result, the rescuer suffers severe emo tional…