Physically unharmed plaintiffs may still collect emotional distress damages in strict products liability cases, the state Superior Court has ruled in a case of first impression.
A three-judge panel voted 2-1, with Judge Joan Orie Melvin concurring and dissenting, to uphold a $4.5 million jury verdict in favor of two persons — one of whom was killed and the other seriously injured by a flying fire hose — and to three close relatives who witnessed the incident but sustained no physical injury.
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