Negligence - Damages - Mental Anguish from Witnessing Peril of Third Party

Authors

Mark Shaevsky, University of Michigan Law SchoolFollow

Abstract

Plaintiffs (husband, wife, and three children) incurred physical injuries and a fourth child was burned to death in an automobile collision with the defendant's vehicle. Plaintiffs claimed compensation for mental anguish sustained from witnessing the death of the child. Defendant's motion to strike the allegations of mental suffering, held, granted. Defendant owes no legal duty to protect plaintiffs from mental suffering caused by viewing another in peril. Lessard v. Tarca, (Conn. Super. 1957) 133 A. (2d) 625.

Recommended Citation

Mark Shaevsky, Negligence - Damages - Mental Anguish from Witnessing Peril of Third Party, 56 Mich. L. Rev. 306 (1957).
Available at: https://repository.law.umich.edu/mlr/vol56/iss2/15