Sinn v. Burd

404 A.2d 672 (1979)

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Nature of the Case

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Facts

P lived with her husband and two minor children. On June 12, 1975, at approximately 5:53 p. m., Lisa Sinn, and her sister, Deborah, were standing by the Sinn's mailbox approximately 36 feet from the nearest intersection. An automobile operated by D struck Lisa and hurled her through the air, causing injuries which resulted in her death. Deborah was not struck by the vehicle, but it narrowly missed her. P witnessed the accident from a position near the front door of her home. P sued D. The third count was brought for Deborah for psychological damages she sustained as a result of watching her sister die. The fourth count was brought by P for damages she sustained from the emotional stress of witnessing her daughter's death. P claims she suffered a shock to her nervous system, and sustained grievous mental pain and suffering resulting in severe depression. P seeks damages for the emotional injuries she sustained as a result of witnessing the accident. D demurred to Deborah’s and P’s count, and the court overruled as to Deborah’s count but dismissed P’s. Deborah was in the zone of danger while P was not. P appealed.