Dillon v. Legg case brief summary
441 P.2d 912 (Cal. 1968)
CASE FACTS
Plaintiff appealed the dismissal of her action to recover damages for emotional trauma and physical injury caused by witnessing the death of her infant daughter, who was struck and killed by a car negligently driven by defendant. The trial court dismissed plaintiff's action because she was not within the "zone of danger," but the court refused to dismiss a complaint filed on behalf of another of plaintiff's infant daughters, whom the court determined to be within the zone of physical impact.
DISCUSSION
CONCLUSION
The court reversed the judgment.
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441 P.2d 912 (Cal. 1968)
CASE SYNOPSIS
Plaintiff mother appealed
from a judgment of the Superior Court of Sacramento County
(California), dismissing her action to recover damages for emotional
trauma and physical injury caused by witnessing the death of her
child, who was struck and killed by a car negligently driven by
defendant motorist.CASE FACTS
Plaintiff appealed the dismissal of her action to recover damages for emotional trauma and physical injury caused by witnessing the death of her infant daughter, who was struck and killed by a car negligently driven by defendant. The trial court dismissed plaintiff's action because she was not within the "zone of danger," but the court refused to dismiss a complaint filed on behalf of another of plaintiff's infant daughters, whom the court determined to be within the zone of physical impact.
DISCUSSION
- The court reversed the judgment, holding that the "zone of danger" doctrine was improperly restricted to those exposed to physical injury.
- The court extended the doctrine to encompass those exposed to emotional injury, expressly overruling Amaya v. Home Ice Fuel & Supply Co., 379 P.2d 513, to the extent it was inconsistent with its ruling.
CONCLUSION
The court reversed the judgment.
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