DUNLAP BY HOFFMAN v. State Farm Ins.

This is an appeal from an order denying appellant’s petition to set aside an arbitrators’ award. For reasons stated infra, we now remand for further proceedings consistent with this opinion, and retain panel jurisdiction.

This matter arises from a motor vehicle accident which occurred on September 23,1983. Minor-plaintiff Chris Dunlap was struck and injured by an uninsured motorist, while his brother, minor-plaintiff Brian Dunlap, appellant herein, witnessed the incident, and allegedly suffered emotional distress therefrom.

Arlene Hoffman, the boys’ mother, filed a claim on behalf of both of…