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Niederman v. Brodsky | 261 A.2d 84 (1970)

Almost getting hit by a car would be a scary and likely traumatizing experience for anyone. But should the victim be compensated by the vehicle’s driver? In Niederman versus Brodsky, we’ll explain when a plaintiff can recover for emotional injuries from a negligent driver.

Harry Niederman and his son were walking on a Philadelphia sidewalk when Brodsky came careening down the road. He skidded onto the sidewalk, then struck a fire hydrant, garbage can, and newsstand before hitting Niederman’s son and narrowly missing Niederman. After witnessing the frightening and shocking incident, Niederman immediately began experiencing severe chest pain. Niederman consequently spent five weeks in the hospital, where he was diagnosed with several heart conditions, and doctors concluded he may have suffered a heart attack.

Niederman sued Brodsky in a Pennsylvania state trial court for his heart conditions, as well as the shock and mental pain he suffered as a result of the accident. Applying the impact rule, the trial court dismissed the complaint for failing to state a cause of action because the automobile never touched Niederman. Niederman appealed to the Pennsylvania Supreme Court.

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