DZIOKONSKI v. BABINEAU


375 Mass. 555 (1978)

380 N.E.2d 1295

GAIL F. DZIOKONSKI, administratrix, vs. OLA BABINEAU & others (and a companion case).

Supreme Judicial Court of Massachusetts, Worcester.

June 30, 1978.


Attorney(s) appearing for the Case

T. Philip Leader for the plaintiffs.

Eugene L. Rubin for Ola Babineau.

Douglas Q. Meystre for Walter Pelletier & another.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.


WILKINS, J.

These appeals require us to reexamine the question whether a person who negligently causes emotional distress which leads to physical injuries may be liable for those injuries even if the injured person neither was threatened with nor sustained any direct physical injury. At the heart of the plaintiffs' claims is the argument that this court should abandon the so called "impact" rule of Spade v. Lynn & Boston R.R., 168 Mass. 285, 290...

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