New Jersey Supreme Court Rules Witness to Mother's Death has Emotional Distress Claim
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Summary
A state statute limiting emotional distress claims against negligent drivers does not bar a claim by a daughter who saw her mother die in a motor vehicle accident, the New Jersey Supreme Court has ruled. The daughter was diagnosed with post-traumatic stress disorder and depression after the car she and her mother were in was rear-ended and she saw her mother's pain, suffering and death at the scene.
The daughter obtained a $500,000 judgment for her wrongful death and survivorship claims. However, her common-law claim for negligent infliction of emotional distress was dismissed based on a state statute prohibiting claims for non-economic loss due to motor vehicle accidents unless a physician certifies the plaintiff suffered a permanent bodily injury.See the full content of this document
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New Jersey Supreme Court Rules Witness to Mother's Death has Emotional Distress Claim
The daughter argued that the statute did not bar her com...
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