Photo: Amili via Shutterstock 'Greene': Court of Appeals Narrowly Expands Recovery for Emotional Harm
The 'Greene' decision is extraordinary in its narrow application. It results in the addition of grandparents to the "definition of immediate family" who may recover if they are in the zone of danger and witness the unspeakable horror of having a grandchild die before their eyes.
February 23, 2021 at 05:24 PM
8 minute read
In a surgically precise decision, the Court of Appeals in Greene expanded the recovery for emotional damages to grandparents who are in the zone of danger and who witnessed the death of a grandchild. On May 17, 2015, Susan Frierson was next to her two-year-old granddaughter when she was struck by debris that fell from the façade of a building. Her granddaughter died the next day. The plaintiff moved for leave to serve an amended complaint to assert a cause of action for negligent infliction of emotional distress on behalf of Susan Frierson under the "zone of danger doctrine."
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