Nature of the Case
To access this section all you need to do is click here and register.
Facts
P and his son were at the corner of 15th and Market Streets in Philadelphia. D was driving a motor vehicle in a reckless manner. D lost control, and the car skidded onto the sidewalk and destroyed a fire hydrant, a litter pole, and basket, a newsstand and hit P's son, who at that time was standing next to P. P claims that he suffered severe chest pain. P sustained an acute coronary insufficiency, coronary failure, angina pectoris, and possible myocardial infarction. P was hospitalized for 5 weeks. P sued D for the damages. There was no physical impact from the car on P so the court dismissed P's complaint for failing to state a cause of action under the 'impact rule' which provides that there can be no recovery for the consequences of fright and shock negligently inflicted in the absence of contemporaneous impact. P appealed.
Support@ bsmsphd.com
Casebriefs Co