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MIGLIORI v. AIRBORNE FREIGHT CORPORATION

426 Mass. 629 (1998)

MICHAEL MIGLIORI v. AIRBORNE FREIGHT CORPORATION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

February 5, 1998.

Attorney(s) appearing for the Case

Douglas J. Beaton for the plaintiff.

Steven C. Malone for the defendants.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

FRIED, J.

This case comes before us on certification from the United States District Court for the District of Massachusetts of the following question:

"Does a person who witnesses or comes upon the scene of an accident and voluntarily renders aid to a victim to whom he or she has no familial or other pre-existing relationship, have a cognizable claim for negligent infliction of emotional distress under Massachusetts law if 1) the rescue attempt fails, and...

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