Trombetta v. Conkling

OPINION OF THE COURT

Bellacosa, J.

Plaintiff-appellant’s case poses a significant tort duty question for this Court. We must now decide whether plaintiff, the niece of a woman who was killed in an accident in plaintiff’s presence and with whom plaintiff shared a long and strong emotional bond, may qualify to bring suit as a bystander for the negligent infliction of emotional injuries under the Bovsun v Sanperi (61 NY2d 219) "zone of danger” rule. If we were to conclude, as Supreme Court did, that plaintiff can be deemed a member of the victim’s "immediate family”, her cause of action lies. We…