DE court clarifies that physical injury is required and mere physiological responses are not enough.

The plaintiffs brought a wrongful death action against the defendant resulting from a car accident in which the decedents were killed simultaneously. The defendant moved for partial summary judgment, arguing that the plaintiffs may not recover for the decedents’ emotional distress due to fear of impact. The plaintiffs argued that the decedents experienced adrenaline rushes that caused symptoms of tachycardia and other physiological responses, thus satisfying the requirement that any emotional distress brought on by the apprehension of danger must be accompanied by physical consequences. The court granted the defendant’s motion for partial summary judgment and clarified that physical injury is required and mere physiological responses are not enough.

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