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PORTEE v. JAFFEE

84 N.J. 88 (1980)

417 A.2d 521

RENEE PORTEE, INDIVIDUALLY AND AS GENERAL ADMINISTRATRIX AND ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF GUY PORTEE, DECEASED, PLAINTIFF-APPELLANT, v. EDITH JAFFEE, NATHAN JAFFEE, WATSON ELEVATOR COMPANY AND ATLANTIC ELEVATOR COMPANY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 29, 1980.

Attorney(s) appearing for the Case

Joseph Maran argued the cause for appellant (Ira J. Zarin, attorney).

Isaac Henkoff argued the cause for respondents Edith Jaffee and Nathan Jaffee (Klein, Chester, Greenburg & Henkoff, attorneys).

Gerald Kaplan argued the cause for respondents Watson Elevator Company and Atlantic Elevator Company (Lieb, Berlin & Kaplan, attorneys).

The opinion of the Court was delivered by PASHMAN, J.

We are asked to determine whether a parent can recover damages for the emotional anguish of watching her young child suffer and die in an accident caused by defendant's negligence. In Falzone v. Busch, 45 N.J. 559 (1965), this Court imposed liability for such infliction of mental or emotional distress when negligence created the potential, but not the occurrence, for physical...

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