Scarf v. Koltoff

SPAETH, Judge.

This appeal presents the question whether a bystander may recover for mental disturbance and consequent physical injury caused by distress at seeing harm done to another person, when the bystander does not meet the requirements of Niederman v. Brodsky, 436 Pa. 401, 261 A.2d 84 (1970), i. e., when the bystander was not in personal danger of physical impact and did not fear such impact. The lower court held that such a bystander could recover. We reverse.

Since the question is raised by demurrer, we take as true all well-pleaded facts. Bach Estate, 426 Pa. 350, 231 A.2d 125 (1967);…