Falzone v. Busch

214 A.2d 12 (1965)

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Nature of the Case

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Facts

Falzone (P) was standing in a field adjacent to a road when he was struck and injured by D's negligently driven car. Mabel (P1), P's wife was seated in his lawfully parked car close to the place where her husband was struck. D's car veered across the highway and headed in the direction of P1 and got so close to her to put her in fear for her own safety. As a direct result, P1 became ill and required medical attention. The trial court granted D summary judgment on P1's count in the complaint; where there was no physical impact, there can be no recovery for ordinary negligence. This appeal resulted.