PORTEE V. JAFFEE
84 N.J. 88, 417 A. 2d 521 (1980)
NATURE OF THE CASE: This is an appeal to recover for emotional distress. The supreme
court certified for review after Portee (P) appealed an order, which had granted Jaffee's
(D) partial summary judgment motion and dismissed P's claim for damages for her mental and
emotional distress caused by observing her son's anguish and death.
FACTS: Seven-year-old Guy was trapped between the outer door of the elevator and the
elevator shaft. The elevator was activated and Guy was taken by it up three stories.
Rescuers worked for 4.5 hours while his mother (P) watched as Guy moaned, cried out, and
flailed his arms. Guy died while trapped. P suffered psychological problems, including a
suicide attempt. The trial court gave summary judgment for Jaffee (D), the apartment
building owner, and the companies involved in designing and maintaining the elevator (D). P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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