Beynon v. Montgomery Cablevision Ltd. Pshp

In Beynon v. Montgomery Cablevision Ltd. Pshp, 351 Md. 460, 718 A.2d 1161 (1998), the plaintiff's decedent, operating a vehicle, collided with the rear of a tractor trailer and was killed on impact. According to the evidence at trial, the plaintiff's decedent was aware of the impending danger approximately 192 feet from the rear of the tractor trailer, as evidenced by the fact that he veered to one side and left 71 and one-half feet of skid marks. Id. at 465. The Court acknowledged that it was "well-settled that, in the absence of a physical impact or injury directly resulting in harm, mental and emotional injuries such as fright are not compensable unless there are objective manifestations of such injury." Id. at 463. The Court held that "in survival actions, where a decedent experiences great fear and apprehension of imminent death before the fatal physical impact, the decedent's estate may recover for such emotional distress and mental anguish as are capable of objective determination." Id. at 464.