Migliori v. Airborne Freight Corp.

This case comes before us on certification from the United States District Court for the District of Massachusetts of the following question:

“Does a person who witnesses or comes upon the scene of an accident and voluntarily renders aid to a victim to whom he or she has no familial or other pre-existing relationship, have a cognizable claim for negligent infliction of emotional distress under Massachusetts law if 1) the rescue attempt fails, and as a result, 2) the rescuer suffers severe emotional distress which 3) further leads to physical problems?”

For the reasons set forth below, we answer…