Dunphy v. Gregor

The opinion of the Court was delivered by

HANDLER, J.

Many states, including our own, recognize the tort commonly referred to as “bystander” liability. Bystander liability allows recovery for the emotional injury suffered by a person, who, as a bystander, witnesses the wrongful death or serious physical injury of another person with whom the bystander had a close, substantial, and enduring relationship. In this case, the central inquiry focuses on the nature of that relationship. The specific issue presented is whether bystander liability allows recovery by a person who was not legally married…