Legal Opinion

Bovsun v. Sanperi

New York Court of Appeals

Decided February 23, 1984PublishedCited by 240 opinions

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

  1. Pulka v. EdelmanNew York Court of Appeals · 1976
  2. Becker v. SchwartzNew York Court of Appeals · 1978
  3. Tobin v. GrossmanNew York Court of Appeals · 1969
  4. Battalla v. StateNew York Court of Appeals · 1961
  5. De Angelis v. Lutheran Medical CenterNew York Court of Appeals · 1983

25 more not listed; retrieve them via the Exa API.

3Cited by240 opinions

  1. Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
  2. Brown v. State of New YorkNew York Court of Appeals · 1996
  3. Ricky Baker v. David Alan DorfmanCourt of Appeals for the Second Circuit · 2000
  4. Metro-North Commuter Railroad v. BuckleySupreme Court of the United States · 1997
  5. Hedgepeth v. Whitman Walker ClinicDistrict of Columbia Court of Appeals · 2011

235 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API