Schultz v. Barberton Glass Co.

The issue raised in this appeal is whether a contemporaneous physical injury is a necessary condition precedent to liability for the negligent infliction of serious emotional distress. For the reasons which follow, we conclude that a contemporaneous physical injury is unnecessary.

In 1908, Ohio adopted the rule which requires the finding of contemporaneous physical injury before any recovery can be obtained for fright, shock, emotional distress, or mental suffering. Miller, supra. The court *133reasoned that “* * *‘[i]f the right of recovery in this class of cases should be once established, it…