September, 2010
ISSUE: Whether the third element of a claim for negligent infliction of emotional distress is satisfied with proof of knowledge or awareness of death or injury, but without any contemporaneous sensory perception. Hinton v. Mevers, A-5700-08T1, the New Jersey Appellate Division dealt with the issue of whether the third element of a claim for negligent infliction of emotional distress espoused under Portee v. Jaffee

"observation of the death or injury at the scene of the accident," is satisfied with proof of knowledge or awareness of death or injury, but without any contemporaneous sensory perception.

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Curtis B. Gilfillan, Esq, Attorney at Law
cbgilfillan@bhs-law.com

B.A. Gettysburg College, 1992; J.D. Albany Law School, Albany, N.Y., cum laude, 1996
Admitted to the Bar of the State of New York, 1997; U.S.D.C. (NDNY) and U.S.D.C. (SDNY), 1998; U.S.C.A. (2d Circuit), 2009
National Semifinalist, National Moot Court Competition, 1996. Managing Editor, Law Journal of Science & Technology, 1995-1996

Mr. Gilfillanis a Senior associate with twelve years of litigation and appellate experience, including trials in New York, Kings, Queens and Bronx counties; drafting and arguing before all New York appellate courts including the Court of Appeals. Areas of practice include: general, premises and product liability and labor law cases for major insurance carriers and professional sports leagues.

Published Cases:

Hassan v. Montouri, 99 N.Y.2d 348 (2003)

Inchaustegui v. 666 5th Avenue, L.P., 96 N.Y. 2d 111 (2001)

Bastone v. 1144 Yonkers Avenue, Inc., 266 A.D.2d 327 (2d Dept. 1999)

Napolitano v. MSG, 195 Misc.2d 659 (App. Term, 1st Dep’t. 2003)

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