Dziokonski v. Babineau

380 N.E.2d 1295 (1978)

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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.)

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