Quimbee logo
DMCA.com Protection Status

Dziokonski v. Babineau

380 N.E.2d 1295 (1978)

Case BriefRelatedOptions
From our private database of 32,100+ case briefs...

Dziokonski v. Babineau

Massachusetts Supreme Judicial Court

380 N.E.2d 1295 (1978)

Facts

Norma Dziokonski was crossing the road after getting off a school bus when she was hit by a vehicle owned and operated by Ola Babineau (defendant). Norma’s mother, Lorraine Dziokonski, who lived in the immediate vicinity, went to the scene of the accident and saw her daughter lying injured on the ground. Lorraine rode with her daughter in the ambulance to the hospital, and Lorraine died while in the ambulance. The administrator of Lorraine’s estate (plaintiff) sued Babineau as well as the owner of the school bus, Walter Pelletier (defendant), and the operator of the school bus, Sylvester Kroll (defendant), alleging wrongful death and conscious suffering. The administrator alleged that the emotional shock, distress, and anguish that Lorraine felt due to her daughter’s injuries caused her death. Norma’s father, Anthony Dziokonski, also died following Lorraine’s death, and the administrator of Anthony’s estate also sued Babineau, Pelletier, and Kroll for wrongful death and conscious suffering, alleging that Anthony suffered an aggravated gastric ulcer, coronary occlusion, physical and emotional shock, distress, and anguish because of Norma’s injuries and Lorraine’s death. Babineau, Pelletier, and Kroll moved to dismiss both complaints, and the court granted the motion.

Rule of Law

Issue

Holding and Reasoning (Wilkins, J.)

Dissent (Quirico, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 583,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 583,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 32,100 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 583,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 32,100 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership