Niederman v. Brodsky

261 A.2d 84 (1970)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

P and his son were at the corner of 15th and Market Streets in Philadelphia. D was driving a motor vehicle in a reckless manner. D lost control, and the car skidded onto the sidewalk and destroyed a fire hydrant, a litter pole, and basket, a newsstand and hit P's son, who at that time was standing next to P. P claims that he suffered severe chest pain. P sustained an acute coronary insufficiency, coronary failure, angina pectoris, and possible myocardial infarction. P was hospitalized for 5 weeks. P sued D for the damages. There was no physical impact from the car on P so the court dismissed P's complaint for failing to state a cause of action under the 'impact rule' which provides that there can be no recovery for the consequences of fright and shock negligently inflicted in the absence of contemporaneous impact. P appealed.

Issues

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Holding & Decision

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Legal Analysis

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