MN Bar Practice Questions - Minnesota Bar Examination Exam

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A plaintiff suffers only emotional distress from witnessing a negligent act, with no physical impact. Under the modern zone-of-danger rule, when may a bystander recover for negligent infliction of emotional distress?

Never, because emotional harm is not compensable When the plaintiff was within the zone of danger and feared for her own safety, or is a close relative who contemporaneously perceived the injury under the foreseeability approach Only if the plaintiff suffered a broken bone Whenever the plaintiff is upset by any event

Correct Answer:

When the plaintiff was within the zone of danger and feared for her own safety, or is a close relative who contemporaneously perceived the injury under the foreseeability approach

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