Supreme Court of New Jersey
Donna Frame
July 20, 1989115 N.J. 638
Summary
The Supreme Court of New Jersey affirmed the Appellate Division’s decision, upholding the wrongful‑death award but reversing the $500 emotional‑distress awards because the parents did not witness a shocking, contemporaneous injury caused by the doctor’s misdiagnosis. The Court held that recovery for negligent infliction of emotional distress requires observation of the injury and immediate awareness of the negligent act, which was lacking here. A concurring opinion expressed caution about extending such liability.