Dillon v. Legg
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Summary

The CA Supreme Court held that a mother who witnessed her child’s death could recover for emotional distress and injuries, establishing foreseeability factors based on proximity, contemporaneous observation, and close relationship.

1968 | State Juristiction

Dillon v. Legg

Keywords emotional distress; child's death; injuries; foreseeability factors; recover
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Summary

The California Supreme Court determined that a mother who observed the death of her child could receive compensation for emotional distress and physical injuries. This ruling established specific criteria for foreseeability, considering factors such as the mother's proximity to the incident, her direct and simultaneous observation of the event, and the close relationship shared with the child.

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Summary

The California Supreme Court ruled that a mother could receive compensation for emotional distress and injuries after witnessing her child's death. The court created guidelines for determining if emotional harm was foreseeable, focusing on how close the mother was to the event, whether she saw it happen, and her relationship with the child.

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Summary

The California Supreme Court ruled on a case where a mother saw her child die. The court decided she could be paid for her emotional pain and injuries. This decision set up rules to determine if such harm was predictable. These rules consider how close the person was to the event, if they saw it happen, and if they had a close relationship with the victim.

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Summary

The highest court in California decided a case about a mother. Her child died, and she saw it happen. The court said she could get money for her sadness and hurt feelings. The court looked at three things to decide this. They looked at how close she was when it happened. They looked at if she saw it happen at that exact time. And they looked at how close her relationship was with her child.

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Footnotes and Citation

Cite

Dillon v. Legg, 68 Cal. 2d 728, 740–41, 441 P.2d 912, 920–21 (1968)

Highlights