Robb v. Pennsylvania Railroad Co.
Delaware Supreme Court
210 A.2d 709 (Del. 1965)
Dixie Robb's (plaintiff) car stalled in a rut that Pennsylvania Railroad Co. (Railroad) (defendant) had negligently allowed to form at a rail crossing, and after several failed attempts to free the car, an approaching train forced her to jump out and flee at the last second. The train demolished her car, and although Robb was only speckled with soot and suffered no direct physical impact, the fright brought on shock to her nervous system and physical injury. The trial court granted the Railroad summary judgment under the traditional 'impact rule,' which barred recovery for fright-based injuries absent physical impact, and Robb appealed.
Whether a defendant is liable for damages when his negligent conduct proximately causes fright to a plaintiff within the immediate zone of physical danger created by that negligence, resulting in the plaintiff sustaining physical injuries.