Vincenzi, J. v. Morgan, R. (dissenting)

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J-A08034-16 NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37 JOHN VINCENZI Appellant v. ROBERT M. MORGAN AND MORGAN COMPANY AND SELECTIVE INSURANCE Appellees : : : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 2108 EDA 2015 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.: FILED NOVEMBER 18,2016 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. *Retired Senior Judge assigned to the Superior Court.

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