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Category Archives: Zone of Danger

New York’s High Court Expands Definition of Family

William A. Ruskin's Toxic Tort Litigtion Blog Posted on March 30, 2021 by William A. RuskinMarch 31, 2021

In Greene v. Esplanade Ventures Partnership, 2021 N.Y. LEXIS 104, the New York State Court of Appeals considered whether plaintiff-grandparent Susan Frierson, who was in close proximity to her two-year old granddaughter when she was tragically struck and killed by falling debris from the a building with an allegedly defective facade, could pursue a claim for bystander recovery under a “zone of danger” theory. The traditional rule in New York has been that only a member of the immediate family could seek recovery for emotional distress as a result of viewing the death or serious physical injury under those circumstances. … Continue reading →

Posted in Emotional Distress, Uncategorized, Zone of Danger | Tagged Battalla v State of New York, bystander recovery, Emotional Distress Claims, fictitious injury, Greene v. Esplanade Ventures Partnership, June Cleaver, Modern Family, negligence, To Kill a Mockingbird, trigger warnings | Leave a reply

William A. Ruskin

The Toxic Tort Litigation Blog reports on recent developments and trends in toxic tort, environmental and product liability litigation of interest to the defense bar.  It also explores the convergence of complex science and medicine and the law.
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