*1 J-A08034-16

NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37 JOHN VINCENZI : IN THE SUPERIOR COURT OF

: PENNSYLVANIA Appellant :

: v. :

: ROBERT M. MORGAN AND MORGAN :

COMPANY AND SELECTIVE INSURANCE :

: Appellees :

: 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.