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SCARF v. KOLTOFF

242 Pa.Super. 294 (1976)

363 A.2d 1276

Isadore SCARF, Administrator of the Estate of Tillie Scarf and Isadore Scarf in his own right, Appellee, v. Gail S. KOLTOFF, Appellant.

Superior Court of Pennsylvania.

September 27, 1976.

Attorney(s) appearing for the Case

Jonathan Wheeler, Philadelphia, for appellant.

William Steerman, P. Flexion, Philadelphia, for appellee.

Before WATKINS, Presiding Judge and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

SPAETH, Judge.

This appeal presents the question whether a bystander may recover for mental disturbance and consequent physical injury caused by distress at seeing harm done to another person, when the bystander does not meet the requirements of Niederman v. Brodsky, 436 Pa. 401, 261 A.2d 84 (1970), i.e., when the bystander was not in personal danger of physical impact and did not fear such impact. The lower court held...

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