Case Alert: 2011 Duty to Defend Negligent Infliction of Emotional Injury

Two recent decisions have been handed down which potentially have great impact on New Jersey litigation. The first, Abouzaid v. MansardGardens, concerned itself with two mothers who saw their children hurt by an explosion and fireball. The flames injured the children, but did not physically injure the women.


A Complaint was filed on behalf of the children that included claims for emotional distress of the mothers. The original Complaint did not allege physical injury to the mothers as a result of their emotional distress nor specified that the emotional distress was accompanied by physical manifestations. [MORE]

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