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Portee v. Jaffee

Supreme Court of New Jersey

417 A.2d 521 (1980)

Relevant factsFree

Portee (plaintiff) watched for hours as police tried unsuccessfully to free her seven-year-old son, conscious and crying, after he was caught and dragged by an elevator door; he died still trapped in the door, and Portee subsequently became suicidal, requiring psychiatric and physical therapy after slashing her wrists. She sued the building owner Jaffee and other parties involved in the elevator's design and maintenance (defendants) for negligent infliction of emotional distress, and the trial court granted summary judgment for the defendants because Portee herself had faced no risk of physical harm.

IssueFree

Whether a parent may recover damages for emotional distress from witnessing her child's traumatic death caused by a defendant's negligence, even without having been subjected to any risk of physical harm herself.

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