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Olivo v. Exxon Mobil Corp.

5/5/2005

line drawing, but our courts have drawn lines in the past. For example, for a bystander to recover for infliction of emotional distress there must be a "marital or intimate, familial relationship." Portee v. Jaffee, 84 N.J. 88, 101 (1980) (footnote omitted). "A critical element in this spectrum of cases is the intimate family relationship . . . . It is this relationship that serves as the factual and legal basis for determining whether a duty of reasonable care is owed to the claimant[,] . . . and the fairness in imposing such a duty . . . ." Giardina v. Bennett, 111 N.J. 412, 419 (1988). We go no further than we need to here.


We reverse the summary judgment and remand for further proceedings.






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