Thing v. La Chusa
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Summary

In this case, the court limited recovery for negligent infliction of emotional distress, holding bystanders can recover only if closely related, present, and aware of the injury.

1989 | State Juristiction

Thing v. La Chusa

Keywords negligent infliction of emotional distress; bystanders; injury; emotional distress; recovery
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Summary

In this case, the court defined strict criteria for bystander recovery in instances of negligent infliction of emotional distress. The ruling mandated that compensation is permissible only when a bystander is closely related to the injured party, is physically present at the incident, and possesses direct awareness of the injury.

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Summary

A court set limits on claims for emotional distress caused by negligence. The ruling stated that individuals witnessing an injury could seek compensation only if they were closely related to the injured party, physically present at the time of the injury, and fully aware that an injury was occurring.

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Summary

The court set limits on when individuals could receive compensation for emotional harm caused by someone else's carelessness. The decision stated that people witnessing an event (bystanders) could only recover damages if they were closely related to the injured person, were present at the time of the injury, and were aware the injury was happening.

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Summary

In this case, the court said people can get money for emotional harm only if they are closely related to the injured person, were there when the event happened, and directly saw or knew about the injury.

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Footnotes and Citation

Cite

Thing v. La Chusa, 48 Cal.3d 644 (1989), 771 P.2d 814, 257 Cal. Rptr. 865

Highlights