Bovsun v. Sanperi
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
Where a defendant’s conduct is negligent as creating an unreasonable risk of bodily harm to a plaintiff and such conduct is a substantial factor in bringing about injuries to the plaintiff in consequence of shock or fright resulting *224from his or her contemporaneous observation of serious physical injury or death inflicted by the defendant’s conduct on a member of the plaintiff’s immediate family in his or her presence, the plaintiff may recover damages for such injuries.
These two appeals pose the same question of law — whether in addition to or apart from other…
2Cases cited30 opinions
- Pulka v. EdelmanNew York Court of Appeals · 1976
- Becker v. SchwartzNew York Court of Appeals · 1978
- Tobin v. GrossmanNew York Court of Appeals · 1969
- Battalla v. StateNew York Court of Appeals · 1961
- De Angelis v. Lutheran Medical CenterNew York Court of Appeals · 1983
25 more not listed; retrieve them via the Exa API.
3Cited by240 opinions
- Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
- Brown v. State of New YorkNew York Court of Appeals · 1996
- Ricky Baker v. David Alan DorfmanCourt of Appeals for the Second Circuit · 2000
- Metro-North Commuter Railroad v. BuckleySupreme Court of the United States · 1997
- Hedgepeth v. Whitman Walker ClinicDistrict of Columbia Court of Appeals · 2011
235 more not listed; retrieve them via the Exa API.