Niederman v. Brodsky
Supreme Court of Pennsylvania
261 A.2d 84 (1970)
Harry Niederman (plaintiff) was walking with his son when Brodsky (defendant), driving recklessly, skidded onto the sidewalk and struck several objects and Niederman's son, appearing to be on a course toward Niederman himself though he was never actually hit. Niederman, terrified in the moment, immediately suffered severe chest pains and was hospitalized for five weeks with heart ailments including a possible heart attack; he sued Brodsky for negligence, but the trial court dismissed the suit because no physical impact had occurred between Brodsky's vehicle and Niederman.
Whether a plaintiff who was in the path of danger and actually feared physical impact, but was never actually struck, may recover for resulting emotional and physical injuries caused by the defendant's negligence.