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HINTON v. MEYERS

Docket No. A-5700-08T1

3 A.3d 601 (2010)

416 N.J. Super. 141

Mary HINTON, as Administratrix Ad Prosequendum for the Estate of Catrina Briggs, Plaintiff, v. Eileen D. MEYERS a/k/a Eileen Meyers, Defendant. Estate of Yaa Ayannah Bosompem, by her prospective Administrator Ad Prosequendum Kwaku Boadu Bosompem, and Kwaku Boadu Bosompem, individually, Plaintiff-Appellant, v. Eileen D. Meyers, Defendant-Respondent, and Estate of Catrina L. Briggs and Amica Insurance Company, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided September 7, 2010.

Attorney(s) appearing for the Case

Mescall & Acosta, attorneys for appellant ( James C. Mescall , West Orange, on the brief).

Herforth, MacDonald & Gallicchio, attorneys for respondent ( Robert MacDonald , on the brief).

Before AXELRAD, SAPP-PETERSON and ESPINOSA.

The opinion of the court was delivered by

SAPP-PETERSON, J.A.D.

In this appeal, we consider whether the third element of a claim for negligent infliction of emotional distress under Portee v. Jaffee, 84 N.J. 88, 417 A.2d 521 (1980), "observation of the death or injury at the scene of the accident," is satisfied with proof of knowledge or awareness of death or injury but without any...

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