Legal Opinion
Tobin v. Grossman
New York Court of Appeals
Decided April 24, 1969PublishedCited by 293 opinions
1Opinion of the CourtBreitel, J.
The issue is whether a mother may recover against a tort-feasor for her own mental and physical injuries caused by shock and fear for her two-year-old child who suffered serious injuries in an automobile accident. The appeal rises on the pleading alone which alleges that the accident occurred in the mother’s full view and presence. In fact, the examination before trial taken of the mother, and somehow made a part of the record,* reveals that the accident did not occur in the mother’s presence, but while she was nearby and heard the screech of automobile brakes. She immediately went to the…
2Cases cited9 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Dillon v. LeggCalifornia Supreme Court · 1968
- Woods v. LancetNew York Court of Appeals · 1951
- Amaya v. Home Ice, Fuel & Supply Co.California Supreme Court · 1963
- Bowman v. WilliamsCourt of Appeals of Maryland · 1933
4 more not listed; retrieve them via the Exa API.
3Cited by293 opinions
- Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
- Sinn v. BurdSupreme Court of Pennsylvania · 1979
- Payton v. Abbott LabsMassachusetts Supreme Judicial Court · 1982
- Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
- Hamilton v. Beretta U.S.A. Corp.New York Court of Appeals · 2001
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