Kevin Hulslander and Matt Germain won partial summary judgment in an Onondaga County wrongful death action. Plaintiff’s father was fatally injured when defendant’s truck suddenly reversed and crushed him in co-defendant’s loading dock area. Plaintiff testified he was standing a few feet from the side of the truck at the time of the accident and brought a claim for negligent infliction of emotional distress against the defendant driver. In granting partial summary judgment, the Court found plaintiff was himself not in imminent danger of physical harm. The Court determined the zone of danger test was an objective one and plaintiff’s subjective thoughts and feelings of danger are irrelevant. As a result, the Court dismissed the claim because plaintiff was not objectively in danger of being struck when the truck reversed.
Hulslander and Germain Team Up to Beat Zone of Danger Claim
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