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BISCHOFF v. KOHLRENKEN

185 N.J. Super. 548 (1982)

449 A.2d 1347

CARL BISCHOFF AND GLADYS BISCHOFF, HIS WIFE, PLAINTIFFS, v. WILLIAM JOHN KOHLRENKEN, INDIVIDUALLY, J.J. KOHLRENKEN, INDIVIDUALLY, AND J.J. KOHLRENKEN AND WILLIAM J. KOHLRENKEN T/A MADE IN THE SHADE LANDSCAPING; JEFF ZWEBEN, INDIVIDUALLY; RARE EARTH NURSERIES AND LANDSCAPING, INC.; PAYTON PLACE FARMS; JOHN DOE, A FICTITIOUS NAME AND ABC CORPORATION, A FICTITIOUS NAME, DEFENDANTS.

Superior Court of New Jersey, Law Division Ocean County.

Decided April 23, 1982.

Attorney(s) appearing for the Case

Saul Zimmerman for plaintiffs (Podvey, Sachs, Catenacci & Silver, attorneys).

Laurence M. McHeffey for defendants Kohlrenken (Hanlon, Dempsey & McHeffey, attorneys).

SERPENTELLI, J.S.C.

In Portee v. Jaffee, 84 N.J. 88 (1980), our Supreme Court held that a mother could recover damages for mental and emotional stress which she has suffered even though she had not been subjected to any risk of physical harm. In that case a mother watched her seven-year-old suffer and die after he had become entrapped in an elevator. The doctrine enunciated by the court expanded the bounds of liability for emotional...

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