Niederman v. Brodsky

261 A.2d 84, 436 Pa. 401, 1970 Pa. LEXIS 950
CourtSupreme Court of Pennsylvania
DecidedJanuary 9, 1970
DocketAppeal, 153
StatusPublished
Cited by260 cases

This text of 261 A.2d 84 (Niederman v. Brodsky) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Niederman v. Brodsky, 261 A.2d 84, 436 Pa. 401, 1970 Pa. LEXIS 950 (Pa. 1970).

Opinions

Opinion by

Mr. Justice Roberts,

Appellant, Harry Niederman, alleges that on November 4, 1962 he was walking with his son at the corner of 15th and Market Streets in Philadelphia. At that, time, appellant’s complaint asserts, appellee was driving a motor vehicle in a reckless and negligent manner as a result of which the automobile skidded onto the sidewalk and destroyed or struck down a fire hydrant, a litter pole and basket, a newsstand and appellant’s son, who at that time was standing next to appellant. Almost immediately after this destructive path was cut by appellee’s car, appellant claims that he suffered severe chest pain and that upon examination in the hospital, where he was confined for five [403]*403weeks, appellant was diagnosed to have sustained acute coronary insufficiency, coronary failure, angina pectoris, and possible myocardial infarction. Consequently, appellant sought recovery from appellee for both these severe disabilities and the accompanying shock and mental pain.

Appellant’s complaint was reluctantly dismissed on preliminary objections 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. Appellant admitted that the careering automobile had never struck his person. The judge noted “The impact rule will, no doubt, eventually be rejected as was the formerly well-entrenched rule of charitable immunities. It is regrettable that Harry Niederman, the plaintiff in this action, may not be afforded the opportunity to prove that his injuries are just as real, just as painful, just as disabling as if he had been struck physically by defendant’s motor vehicle. . . . However, we are bound by the law as set forth by the Supreme Court.”

Today the cows come home.1 We decide that on the record before us, appellant may go to trial and if he proves his allegations, recovery may be had from a negligent defendant, despite the fact that appellant’s injuries arose in the absence of actual impact. “It is fundamental to our common law system that one may seek redress for every substantial wrong. ‘The best statement of the rule is that a wrongdoer is responsible for the natural and proximate consequences of his misconduct ....’” Battalla v. State, 10 N.Y. 2d 237, 240, 219 N.Y.S. 2d 34, 36, 176 N.E. 2d 729, 730 (1961). By our holding today Pennsylvania proceeds along the path recently followed by our neighboring jurisdictions,1 see [404]*404Falzone v. Busch, 45 N.J. 559, 214 A. 2d 12 (1965); Robb v. Pennsylvania Railroad Company, 210 A. 2d 709 (Del. 1965); Battalla v. State, supra, aud removes this ancient roadblock to appellant’s recovery.

Were we to do otherwise, appellant and those who are severely injured in a like manner would be barred from recovery in our courts. But the gravity of appellant’s injury and the inherent humanitarianism of our judicial process and its responsiveness to the current needs of justice dictate that appellant be afforded a chance to present his case to a jury and perhaps be compensated for the injury he has incurred. The Restatement has adopted a view in harmony with this approach: “§436 ... (2) If the actor’s conduct is negligent as creating an unreasonable risk of causing bodily harm to another otherwise than by subjecting him to fright, shock, or other similar and immediately emotional disturbance, the fact that such harm results solely from the internal operation of fright or other emotional disturbance does not protect the actor from liability.” Restatement (Second), Torts §436(2).

We believe that it is not sufficient to perpetuate the old impact rule simply in the name of precedent. Each and every objection raised in the past which would preclude appellant in this case from going to trial can now be answered effectively and persuasively.

An analysis of the prior case law indicates that there have been three basic arguments which in the past would have defeated appellant. The first deals [405]*405with medical science’s difficulty in proving causation between the claimed damages and the alleged fright. The second involves the fear of fraudulent or exaggerated claims. Finally, there is the concern that such a rule will precipitate a veritable flood of litigation. See, e.g., Knaub v. Gotwalt, 422 Pa. 267, 220 A. 2d 646 (1966) (not the view of a majority of the court); Bosley v. Andrews, 393 Pa. 161, 142 A. 2d 263 (1958); Huston v. Freemansburg Borough, 212 Pa. 548, 61 Atl. 1022 (1905); Ewing v. Pittsburgh Railway Co., 147 Pa. 40, 23 Atl. 340 (1892).

The first objection has been variously stated but the quotation set out below is representative of some earlier judicial sentiments. “In most cases, it would be impossible for medical science to prove that these subjective symptoms could not possibly have resulted from or been aggravated or precipitated by fright or nervous tension or nervous shock or emotional disturbance or distress .... Medical science, we repeat, could not prove that these could not have been caused or precipitated, or aggravated by defendant’s alleged negligent act.” Bosley v. Andrews, 393 Pa. at 168-69, 142 A. 2d at 267. (Emphasis supplied.) While we agree that this might have been an appropriate conclusion because of the lack of sophistication in the medical field when the impact doctrine was first announced in 1888,2 it would presently be inappropriate for us to ignore all of the phenomenal advances medical science has achieved in the last eighty years. Today diseases of [406]*406tbe heart, for example, are comprehended much more fully (to the extent that open heart surgery is almost an everyday occurrence), and the effects of hyperemotional states of the human body no longer are shrouded in mystery or myth.

New equipment and research, improved education and diagnostic techniques, and an increased professional understanding of disease in general require us now to give greater credit to medical evidence. Other jurisdictions have also recognized that this advancement in the medical arts should and could be legitimately reflected in changes in the legal field. See, e.g., Battalla, v. State, 10 N.Y. 2d 237, 219 N.Y.S. 2d 34, 176 N.E. 2d 729 (1961) (“we must... rely to an extent on the contemporary sophistication of the medical profession”); Robb v. Pennsylvania Railroad Company, 210 A. 2d 709, 712 (Del. 1965) (“the early difficulty in tracing a resulting injury back through fright or nervous shock has been minimized by the advance of medical science”). Finally, The American Law Institute through a deletion of a caveat from one of its comments,3 has expressed a similar view.

The logical invalidity of this objection to medical proof can be demonstrated further by noting that the rule has only. been applied where there is absolutely no impact whatsoever. Once there is even the slightest [407]*407impact, it has been held that the plaintiff can recover for any damages which resulted from the accompanying fright, even though the impact had no causal connection with the fright-induced injuries. The rule has been stated: “However, where, as here, a plaintiff sustains bodily injuries, even though trivial

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lamarr, D. v. Delaware County Memorial Hosp.
Superior Court of Pennsylvania, 2023
Mikolawski, J. v. Young, C.
Superior Court of Pennsylvania, 2019
Gray, D. v. Huntzinger, A.
147 A.3d 924 (Superior Court of Pennsylvania, 2016)
Diah-Kpodo, P. v. Wawa, Inc.
Superior Court of Pennsylvania, 2016
Marchese v. Umstead
110 F. Supp. 2d 361 (E.D. Pennsylvania, 2000)
Ross v. Cheema
696 N.E.2d 437 (Indiana Court of Appeals, 1998)
Davis v. Hoffman
972 F. Supp. 308 (E.D. Pennsylvania, 1997)
Brown v. Philadelphia College of Osteopathic Medicine
674 A.2d 1130 (Superior Court of Pennsylvania, 1996)
Simmons v. Pacor, Inc.
674 A.2d 232 (Supreme Court of Pennsylvania, 1996)
Camper v. Minor
915 S.W.2d 437 (Tennessee Supreme Court, 1996)
Brown v. Peoples Security Ins.
890 F. Supp. 411 (E.D. Pennsylvania, 1995)
Armstrong v. Paoli Memorial Hospital
633 A.2d 605 (Superior Court of Pennsylvania, 1993)
Wapner v. Somers
630 A.2d 885 (Superior Court of Pennsylvania, 1993)
James E. Gottshall v. Consolidated Rail Corporation
988 F.2d 355 (Third Circuit, 1993)
KRYSMALSKI BY KRYSMALSKI v. Tarasovich
622 A.2d 298 (Superior Court of Pennsylvania, 1993)
Covello v. Weis Markets, Inc.
610 A.2d 50 (Superior Court of Pennsylvania, 1992)
Fields Ex Rel. Fields v. Graff
784 F. Supp. 224 (E.D. Pennsylvania, 1992)
Gottshall v. Consolidated Rail Corp.
773 F. Supp. 778 (E.D. Pennsylvania, 1991)
Quitmeyer v. Southeastern Pennsylvania Transportation Authority
740 F. Supp. 363 (E.D. Pennsylvania, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
261 A.2d 84, 436 Pa. 401, 1970 Pa. LEXIS 950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/niederman-v-brodsky-pa-1970.