Pestock v. State Farm Automobile Insurance

This is an action brought by plaintiff to recover no-fault benefits from the defendant insurance company. The plaintiff has appealed from an order of the court sustaining the defendant’s motion to dismiss.

The lawsuit arises out of an incident that occurred in front of plaintiff s house in which plaintiff s minor daughter was struck and fatally injured by a car being driven by George Mitchell. Plaintiff neither observed nor heard the accident, but was told of its occurrence and arrived at the scene a few minutes later. Plaintiff subsequently required psychiatric care. There is now pending in…