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“Zone of Danger” Theory Applies Only to Immediate Family.

The Second Department determined the “zone of danger” theory of recovery for witnessing the death of someone in the plaintiff’s “immediate family” did not allow recovery for witnessing the death of a man, not plaintiff’s biological father, who was the only person plaintiff had ever known as a father figure.  Thompson vs Dhaiti, 2011-11215, Index No. 24951/09 Second Dept. 2-13-13

 

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