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.
