This case involved an emotional distress claim filed by plaintiff Richard Sperazza in waking up to find the body of his murdered friend and co-worker in the hotel room they were sharing during a work assignment. Plaintiff and his deceased friend and co-worker were sharing a hotel room during an out-of-town work assignment. The issue in Strayer v. Wingate at Wyndham, 2024 N.J. Super. Unpub. LEXIS 90 (App. Div. Jan. 19, 2024), was whether the plaintiff had a claim for a negligent infliction of emotional distress against the defendant Wingate at Wyndham for the emotional harm he suffered in waking up to discover the dead body of his friend and co-worker.
An independent tort action for bystander emotional distress (with no physical impact) can be maintained in only two circumstances. Either plaintiff must meet all four elements set forth in Portee v. Jaffee, 84 N.J. 88 (1980), or plaintiff must be able to show a reasonable fear of immediate personal injury, giving rise to emotional distress, as set forth in Falzone v. Busch, 45 N.J. 559 (1965). While conceding that he had no Portee claim, plaintiff contended that he could recover under Falzone, arguing that he had a direct claim for negligence based upon defendant’s breach of duty owed to him directly.
