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Falzone v. Busch | 214 A.2d 12 (1965)

When a car slammed into her husband standing by the road, the wife sitting in their parked car thought it might hit her too. In Falzone versus Busch, the New Jersey Supreme Court considered whether she could recover for her resulting illness even though she suffered no physical contact in the collision.

Charles Falzone parked his car on the side of the road and got out. His wife Mabel stayed in the passenger seat. As Charles stood in a field next to the roadway, another car driven by Leonard Busch veered across the highway toward the Falzone’s car. It crashed into Charles, injuring him. Mabel was physically unharmed from the collision, but she subsequently became ill and required medical attention.

Mabel sued Busch. She claimed that his negligence placed her in danger, even though he made no physical impact with her, and that the fear she felt as a result caused her illness. The trial court dismissed the complaint. The New Jersey Supreme Court certified the appeal.

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