DUNPHY v. GREGOR


136 N.J. 99 (1994)

642 A.2d 372

EILEEN M. DUNPHY, PLAINTIFF-RESPONDENT, v. JAMES L. GREGOR, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 2, 1994.


Attorney(s) appearing for the Case

Donald S. McCord, Jr., argued the cause for appellant (O'Donnell, McCord, Helfrich & Bangiola, attorneys).

William J. Vosper, Jr., argued the cause for respondent.

E. Drew Britcher submitted a brief on behalf of amicus curiae, Association of Trial Lawyers of America — New Jersey (Stern, Steiger, Croland, Tanenbaum & Schielke, attorneys; Mr. Britcher and Armand Leone, Jr., on the brief).


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

Many states, including our own, recognize the tort commonly referred to as "bystander" liability. Bystander liability allows recovery for the emotional injury suffered by a person, who, as a bystander, witnesses the wrongful death or serious physical injury of another person with whom the bystander had a close, substantial, and enduring relationship. In this case, the central inquiry focuses on the nature of that...

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