Amaya v. Home Ice, Fuel & Supply Co.

Plaintiff Lillian Amaya appeals from a judgment of dismissal entered upon an order sustaining de*298fendants’ general demurrer to her complaint1 after she had declined an opportunity to amend.

The sole issue is whether liability may be predicated on fright or nervous shock (with consequent bodily illness) induced solely by the plaintiff’s apprehension of negligently caused danger or injury to a third person. After a comprehensive review of the authorities and the several considerations underlying decision on this issue, we have concluded that the complaint does not state facts sufficient to…