DiVito v. Greenstein

MEMORANDUM AND ORDER

JOSEPH S. LORD, III, Chief Judge.

Defendant Dillon has moved to dismiss this diversity complaint on the ground, inter alia, that Pennsylvania law does not permit recovery for purely emotional stress unless “the plaintiff was in personal danger of physical impact because of the direction of a negligent force against him and * * * plaintiff actually did fear the physical impact.” Niederman v. Brodsky, 436 Pa. 401, 413, 261 A.2d 84, 90 (1970). Indeed, both parties in their briefs seem to treat the action as one involving mental stress alone, not induced by fear of a physical…