Jack E. Bovsun v. Gary T. Sanperi, Respondents Lawrence E. Kugel

Summary

The New York Court of Appeals reversed the lower courts, holding that a plaintiff who is placed in the zone of danger by a defendant’s negligent conduct may recover damages for emotional distress caused by contemporaneous observation of serious injury or death to an immediate family member. The court adopted the zone‑of‑danger rule as an element of damages in a negligence action and affirmed the reversal for both the Bovsun and Kugel appeals. Justice Kaye dissented, arguing that the majority creates a new duty contrary to prior precedent, and Justice Wachtler joined that dissent.