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Wednesday, September 15, 2010

MARY HINTON, ET AL. V. EILEEN D. MEYERS ESTATE OF YAA AYANNAH BOSOMPEM, ET AL. V. EILEEN D. MEYERS, ET AL. A-5700-08T1

MARY HINTON, ET AL. V. EILEEN D. MEYERS

ESTATE OF YAA AYANNAH BOSOMPEM, ET AL. V. EILEEN D.

MEYERS, ET AL.

A-5700-08T1 09-07-10

In this appeal, we consider whether the third element of a

claim for negligent infliction of emotional distress under

Portee v. Jaffee, 82 N.J. 88 (1980), "observation of the death

or injury at the scene of the accident," is satisfied with proof

of knowledge or awareness of death or injury but without

contemporaneous sensory perception. We determined that such

proof does not satisfy the third element and affirmed the trial

court order granting summary judgment dismissing plaintiff's

Portee claim, as well as its order denying plaintiff's motion

for reconsideration.