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Falzone v. Busch
Supreme Court of New Jersey
45 N.J. 559, 214 A.2d 12 (1965)
- Written by Mary Pfotenhauer, JD
Facts
Falzone (plaintiff) was seated in a parked car while her husband was standing in a field next to the road. Busch’s (defendant) vehicle struck Falzone’s husband, and veered toward Falzone. Falzone was afraid for her safety. As a result of her fright, Falzone became ill. Falzone and her husband brought a negligence action. The trial court granted summary judgment for Busch on Falzone’s claim, finding that a plaintiff may not recover for bodily injury or sickness resulting from fright, absent a physical impact. The issue was certified directly to the Supreme Court of New Jersey.
Rule of Law
Issue
Holding and Reasoning (Proctor, J.)
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