Superior Court of Pennsylvania, 2016

Vincenzi, J. v. Morgan, R.

Vincenzi, J. v. Morgan, R.
Superior Court of Pennsylvania · Decided November 18, 2016

Vincenzi, J. v. Morgan, R.

Opinion

J-A08034-16

NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37 JOHN VINCENZI : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : v. : : ROBERT M. MORGAN AND MORGAN : COMPANY AND SELECTIVE INSURANCE : : Appellees : : No. 2108 EDA 2015 Appeal from the Order Entered June 11, 2015 In the Court of Common Pleas of Northampton County Civil Division at No(s): C-0048-CV-2013-11855 BEFORE: BOWES, OLSON and STRASSBURGER,* JJ.

DISSENTING STATEMENT BY STRASSBURGER, J.: FILED NOVEMBER 18,2016 I respectfully dissent. Because I conclude that genuine issues of material fact exist as to whether Mr. Vincenzi was in the zone of danger and whether he feared physical impact, I would reverse and remand for trial on his claim for negligent infliction of emotional distress.

*Retired Senior Judge assigned to the Superior Court.

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