Opinion
J-A08034-16 No. 2108 EDA 2015
11-18-2016
JOHN VINCENZI Appellant v. ROBERT M. MORGAN AND MORGAN COMPANY AND SELECTIVE INSURANCE Appellees
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
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.:
Retired Senior Judge assigned to the Superior Court. --------
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.