PORTEE V. JAFFEE case brief

PORTEE V. JAFFEE

• Pl’s son died while trapped in D’s elevator

• claims emotional damages for neglignece like in Falzone.

• Dillon/Portee (minority) p. 284

• Dillon test: CA Supreme Court identified three factors which would determine whether an emotional injury would be compensable because “foreseeable”
  1. P located near scene of accident
  2. Sensory perception of the accident
  3. P and victim closely related

• Portee – court adopts Dillon, but adds a fourth requirement – death or serious injury of victim as a result of the accident

• Thing – p. 287 – three factors in Dillon as defining elements, not guidelines; mother neither heard nor saw accident involving her child but was told about it; no compensation (no sensory perception with respect to the accident) the Dillon test is not that broad – courts use discretion