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NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37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.