Gilliam v. Stewart

291 So.2d 593 (1974)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

Ds' cars collided. Both cars were forced over the street curb and onto Ps' property. Gilliam’s (D) car hit a tree on the property, and Bradley’s (D) car hit the house. Jane (P) heard the accident and the noise from hitting the tree and house, but suffered no impact from the incident. Ps could see the aftermath of the collision through a window on the front porch. Jane (P) ran out of the house to see if anyone was hurt and went back in to use the telephone. Fifteen minutes later, Jan (P) experienced chest pains. Two hours later, she was in the intensive care unit having suffered a heart attack. Jane’s (P) physician attributed the heart attack to the fright caused by the collision. Ps sued Ds alleging that Ds' negligence proximately caused a shock to Jane’s (P) nervous system that resulted in a heart attack. Ds were granted summary judgment. The Court of Appeal reversed. Ds appealed.

Issues

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Holding & Decision

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Legal Analysis

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