Decker v. Princeton Packet Inc

In Decker v. Princeton Packet Inc., 116 N.J. 418, 429, 561 A.2d 1122 (1989), the Supreme Court explained: The tort involving the negligent infliction of emotional distress can be understood as negligent conduct that is the proximate cause of emotional distress in a person to whom the actor owes a legal duty to exercise reasonable care. Thus, to establish liability for such a tort, a plaintiff must prove that defendant's conduct was negligent and proximately caused plaintiff's injuries. The negligence of defendant, however, depends on whether defendant owes a duty of care to the plaintiff, which is analyzed in terms of foreseeability. "Liability should depend on the defendant's foreseeing fright or shock severe enough to cause substantial injury in a person normally constituted." Ibid. "Recovery for negligent infliction of emotional harm requires that it must be reasonably foreseeable that the tortious conduct will cause genuine and substantial emotional distress or mental harm to average persons." Id. at 430, 561 A.2d 1122.