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Keywords

plaintiffjurisdictiondamagestrialmotion

damagesprecedentappealpleamotionobjectioncommon lawappellantappellee

Related Cases

Niederman v. Brodsky, 436 Pa. 401, 261 A.2d 84

Facts

Harry Niederman was walking with his son in Philadelphia when a motorist, driving recklessly, skidded onto the sidewalk, striking a fire hydrant and other objects, and narrowly missing Niederman and his son. Following this incident, Niederman experienced severe chest pain and was diagnosed with acute coronary insufficiency and other heart-related issues, leading him to seek damages for the emotional and physical distress caused by the event. His initial complaint was dismissed under the 'impact rule,' which required physical impact for recovery of emotional distress damages.

Appellant, Harry Niederman, alleges that on November 4, 1962 he was walking with his son at the corner of 15th and Market Streets in Philadelphia.

Issue

Can a pedestrian recover damages for emotional distress caused by a negligent act that did not result in physical impact?

Rule

The court ruled that a plaintiff could recover for emotional distress if they could prove that a negligent force was directed at them, putting them in personal danger of physical impact, and that they actually feared such impact.

It is fundamental to our common law system that one may seek redress for every substantial wrong.

Analysis

The court analyzed the implications of the 'impact rule' and determined that it was outdated, especially given advancements in medical science that allow for better understanding of the relationship between emotional distress and physical injuries. The court emphasized that the emotional injuries suffered by Niederman were real and should not be dismissed simply because there was no physical contact. The ruling aligned Pennsylvania with neighboring jurisdictions that had already moved away from the strict impact requirement.

We believe that it is not sufficient to perpetuate the old impact rule simply in the name of precedent.

Conclusion

The Supreme Court reversed the lower court's dismissal of Niederman's complaint, allowing him to proceed to trial to prove his claims of emotional and physical distress resulting from the negligent act.

The order of the Court of Common Pleas of Philadelphia County is reversed and appellee's preliminary objections are dismissed.

Who won?

Harry Niederman prevailed in the case as the Supreme Court ruled in his favor, allowing him the opportunity to present his case to a jury.

The Majority too often forget that an emotionally-appealing or heart-rending claim often produces bad law.

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