This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Torts/Personal Injury,
California Supreme Court

Aug. 7, 2024

State Supreme Court clarifies the negligent infliction of emotional distress doctrine

A bystander may bring a claim for negligent infliction of emotional distress even if the bystander was not aware of the role the defendant played in causing the victim’s injury.

Michael E. Rubinstein

Law Office of Michael E. Rubinstein

433 N Camden Drive Suite 600
Beverly Hills , CA 90210

Phone: (213) 293-6075

Fax: (323) 400-4585

Email: Michael@rabbilawyer.com

Loyola Law School; Los Angeles CA

Michael is a Los Angeles-based personal injury and accident attorney.

Shutterstock

Mom is talking to her daughter on the phone as daughter drives through a busy intersection. Mom hears a collision through the phone, then the line goes silent. Eventually, mom hears a commotion and realizes her daughter is unconscious and seriously injured. Mom sues for negligent infliction of emotional distress.

Last year, the California Court of Appeal ruled in Downey v. City of Riverside that while mom was t...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails