bystander rule (Pennsylvania) · Go Syfert
← Pennsylvania issues

bystander rule in Pennsylvania

14 Pennsylvania opinions name it 6 courts 1992–2026 3 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Doe v. Philadelphia Community Health Alternatives Aids Task Forcegreen
pasuperct · 2000 · cited in 2 Pennsylvania opinions naming this issue, 2022–2022
2 sentences

2022See Doe v. Philadelphia Cmty. Health Alternatives AIDS Task Force, 2000 PA Super 6 , 745 A.2d 25, 27 , aff'd, 564 Pa. 264 , 767 A.2d 548 (2001).

2022See Doe v. Philadelphia Cmty. Health Alternatives AIDS Task Force, 2000 PA Super 6 , 745 A.2d 25, 27 , aff'd, 564 Pa. 264 , 767 A.2d 548 (2001).

22
Doe v. Philadelphia Community Health Alternatives Aids Task Forcegreen
pa · 2001 · cited in 2 Pennsylvania opinions naming this issue, 2022–2022
2 sentences

2022See Doe v. Philadelphia Cmty. Health Alternatives AIDS Task Force, 2000 PA Super 6 , 745 A.2d 25, 27 , aff'd, 564 Pa. 264 , 767 A.2d 548 (2001).

2022See Doe v. Philadelphia Cmty. Health Alternatives AIDS Task Force, 2000 PA Super 6 , 745 A.2d 25 , 27, aff'd, 564 Pa. 264 , 767 A.2d 548 (2001).

22
Doe v. Philadelphia Community Health Alternatives AIDS Task Forcegreen
pa · 2001 · cited in 2 Pennsylvania opinions naming this issue, 2022–2022
2 sentences

2022See Doe v. Philadelphia Cmty. Health Alternatives AIDS Task Force, 2000 PA Super 6 , 745 A.2d 25, 27 , aff'd, 564 Pa. 264 , 767 A.2d 548 (2001).

2022See Doe v. Philadelphia Cmty. Health Alternatives AIDS Task Force, 2000 PA Super 6 , 745 A.2d 25 , 27, aff'd, 564 Pa. 264 , 767 A.2d 548 (2001).

22
Salerno v. Philadelphia Newspapers, Inc.green
pa · 1988 · cited in 2 Pennsylvania opinions naming this issue, 1996–2002
2 sentences

2002See Salerno v. Philadelphia Newspapers Inc., 377 Pa. Super. 83 , 546 A.2d 1168 (1988) (the parameters for pleading a cause of action for negligent infliction of emotional distress are set forth under the bystander rule).

2002See Salerno v. Philadelphia Newspapers Inc., 377 Pa. Super. 83 , 546 A.2d 1168 (1988) (the parameters for pleading a cause of action for negligent infliction of emotional distress are set forth under the bystander rule).

22
Sinn v. Burdgreen
pa · 1979 · cited in 3 Pennsylvania opinions naming this issue, 1992–2012
2 sentences

2012Sinn v. Burd, 486 Pa. 146, 170-171 , 404 A.2d 672, 685 (1979).

2012Sinn v. Burd, 486 Pa. 146, 170-171 , 404 A.2d 672, 685 (1979).

13
Knaub v. Gotwaltgreen
pa · 1966 · cited in 2 Pennsylvania opinions naming this issue, 2001–2011
2 sentences

2011Justice Musmanno referenced a prior case in which the majority of the Court denied a woman recovery for NIED when she was charged by a bull and suffered a heart condition as a result of the fright, despite any physical impact from the bull; Justice Musmanno opined: Knaub v. Gotwalt, 422 Pa. 267 , 220 A.2d 646, 649 (1966) (Musmanno, J., dissenting).

2011Justice Musmanno referenced a prior case in which the majority of the Court denied a woman recovery for NIED when she was charged by a bull and suffered a heart condition as a result of the fright, despite any physical impact from the bull; Justice Musmanno opined: Knaub v. Gotwalt, 422 Pa. 267 , 220 A.2d 646, 649 (1966) (Musmanno, J., dissenting).

12
Phillips v. Cricket Lightersgreen
pa · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
2 sentences

2011See also Phillips, 576 Pa. at 656 , 841 A.2d at 1007 (lead opinion) (“[W]e can, and do, reaffirm that in this jurisdiction, negligence concepts have no place in strict liability law.

2011See also Phillips, 576 Pa. at 656 , 841 A.2d at 1007 (lead opinion) (“[W]e can, and do, reaffirm that in this jurisdiction, negligence concepts have no place in strict liability law.

11
Shumosky v. Lutheran Welfare Services of Northeastern PA, Inc.green
pasuperct · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002
2 sentences

2002However, in 1996 in Brown v. Philadelphia College of Osteopathic Medicine, 449 Pa. Super. 667 , 674 A.2d 1130 (1996), and again in 2001, in Shumosky v. Lutheran Welfare Services of Northeastern Pa., 784 A.2d 196 (Pa. Super. 2001), our Superior Court stated that the physical impact, zone of danger and bystander rules each remain valid and define the circumstances under which recovery will be permitted for negligent infliction of emotional distress.

2002See Shumosky v. Lutheran Welfare Services of Northeastern Pennsylvania Inc., 784 A.2d 196 (Pa. Super. 2001).

11
Armstrong v. Paoli Memorial Hospitalgreen
pasuperct · 1993 · cited in 1 Pennsylvania opinions naming this issue, 2000–2000
2 sentences

2000Armstrong v. Paoli Memorial Hospital, 430 Pa. Super. 36, 45 , 633 A.2d 605, 609 (1993).

2000Armstrong v. Paoli Memorial Hospital, 430 Pa. Super. 36, 45 , 633 A.2d 605, 609 (1993).

11
Kazatsky v. King David Memorial Park, Inc.green
pa · 1987 · cited in 1 Pennsylvania opinions naming this issue, 1997–1997
2 sentences

1997Brown v. Philadelphia College of Osteopathic Medicine, swpra at 673, 674 A.2d at 1133 (quoting Kazatsky v. King David Memorial Park, Inc., 515 Pa. 183, 194 , 527 A.2d 988, 993 (1987)).

1997Brown v. Philadelphia College of Osteopathic Medicine, swpra at 673, 674 A.2d at 1133 (quoting Kazatsky v. King David Memorial Park, Inc., 515 Pa. 183, 194 , 527 A.2d 988, 993 (1987)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Brown v. Philadelphia College of Osteopathic Medicine green
pasuperct · 1996
2 sentences

2002However, in 1996 in Brown v. Philadelphia College of Osteopathic Medicine, 449 Pa. Super. 667 , 674 A.2d 1130 (1996), and again in 2001, in Shumosky v. Lutheran Welfare Services of Northeastern Pa., 784 A.2d 196 (Pa. Super. 2001), our Superior Court stated that the physical impact, zone of danger and bystander rules each remain valid and define the circumstances under which recovery will be permitted for negligent infliction of emotional distress.

2002However, in 1996 in Brown v. Philadelphia College of Osteopathic Medicine, 449 Pa. Super. 667 , 674 A.2d 1130 (1996), and again in 2001, in Shumosky v. Lutheran Welfare Services of Northeastern Pa., 784 A.2d 196 (Pa. Super. 2001), our Superior Court stated that the physical impact, zone of danger and bystander rules each remain valid and define the circumstances under which recovery will be permitted for negligent infliction of emotional distress.

21997–2002
Jordan, E. v. PSU green
pasuperct · 2022
1 sentence

2026Id. at 774 .

12026–2026
Haumersen v. Ford Motor Co. green
iowa · 1977
1 sentence

2011This conclusion was predicated on two of the court's earlier decisions: Barnhill v. Davis, 300 N.W.2d 104 (Iowa 1981), which adopted the Dillon formulation of the bystander rule; and Haumersen v. Ford Motor Co., 257 N.W.2d 7 (Iowa 1977), a case that extended the doctrine of strict products liability to include bystanders. .

12011–2011
Shepard v. Superior Court green
calctapp · 1977
1 sentence

2011The court acknowledged the integral role foreseeability plays in the bystander rule, even in the products liability context, reasoning that “[t]he injuries complained of are as much a foreseeable consequence of a defect in design and manufacture as of the negligence of the driver[.]” Id. 27 Deviating from the impact rule for strict products liability actions in Pennsylvania, however, plainly would violate this Court’s admonition that foreseeability has no place in Pennsylvania’s strict liability law.

12011–2011
Barnhill v. Davis green
iowa · 1981
1 sentence

2011This conclusion was predicated on two of the court's earlier decisions: Barnhill v. Davis, 300 N.W.2d 104 (Iowa 1981), which adopted the Dillon formulation of the bystander rule; and Haumersen v. Ford Motor Co., 257 N.W.2d 7 (Iowa 1977), a case that extended the doctrine of strict products liability to include bystanders. .

12011–2011
Nelson E. Outten, Jr. v. National Railroad Passenger Corporation A/K/A Amtrak green
ca3 · 1991
1 sentence

1992The bystander rule incorporates a foreseeability analysis which involves three factors: “(1) whether the plaintiff was located near the scene of the accident; “(2) whether the shock resulted from a direct emotional impact upon the plaintiff from the sensory and contemporaneous observation of the accident; and “(3) whether the plaintiff and the victim were closely related.” Outten, 928 F.2d at 78 . .

11992–1992

Where else courts name it

TX 25 (1979–2017) IN 21 (2005–2026) PA 14 (1992–2026) CA 7 (1986–2021) LA 7 (1991–2018) AK 5 (1998–2023) IA 5 (1987–2009) ME 4 (2003–2018) WA 4 (2000–2008) NJ 3 (1986–2021) CT 3 (2000–2002) MI 3 (1998–2023) MO 2 (1974–2008) TN 2 (2011–2012) MD 2 (2008–2026) MS 2 (2023–2024) NC 2 (2017–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check