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Pearsall v. Emhart Industries, Inc.

United States District Court for the Eastern District of Pennsylvania

599 F. Supp. 207 (1984)

Relevant factsFree

Pearsall (plaintiff) came home to find her house on fire and her husband and two children dead inside, viewing their bodies outside the house and later at the hospital as they were carried from the ambulance; she sued Emhart Industries (defendant), maker of the home's heat and smoke alarms, in products liability, seeking damages including emotional distress. The jury awarded her $400,000 for emotional distress, and Emhart appealed, arguing the emotional-distress claim should never have gone to the jury.

IssueFree

Whether a bystander who arrives home during or shortly after a fatal fire, viewing the immediate aftermath and bodies of family members killed by a defective product, may recover for foreseeable emotional distress from the product's manufacturer.

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