| Venue: | NJ SC |
| Facts: | Mabel Falzone requires medical attention as a result of a near miss accident: her fear made her sick. |
| Posture: | Summary judgment for the defendant at trial because NJ doesn't recognize injuries that happen "without impact." Cert granted before the appeal was heard. |
| Issue: | Can a plaintiff recover for bodily injury not resulting from any physical contact? |
| Holding: | Yes. Remanded for trial. |
| Rule: | Where negligence causes fright so severe that substantial injury or sickness precipitates, it should be treated just as though the harm were caused by direct injury, rather than by fright. |
| Reasoning: | We overrule the prior standard. This is the sort of thing that juries should be allowed to determine. Medical knowledge has advanced since the prior standard was enacted, and the reasons justifying that standard no longer apply. |
| Dicta: | We are not dealing with property law, contract law, or other fields where stability and predictability may be crucial. |