Dillon v. Legg case brief

Dillon v. Legg case brief summary
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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