Jelley v. LaFlame

This is an action by a mother to recover damages for physical harm resulting from fright and shock caused when she witnessed an accident in which her 6 year old daughter was crushed to death by defendant’s truck. The defendant filed a motion to dismiss the action “on the basis that the special declaration fails to state a cause of action. ” Plaintiff’s exception to the granting of this motion was reserved and transferred by Grimes, J.

Plaintiff’s declaration and her deposition indicate that she was standing on the east side of Route 3 in Merrimack in front of a neighbor’s house just south of…