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Torts/Personal Injury

Sep. 10, 2024

Ring, ring, ring... The latest update to NIED is here

The California Supreme Court has broadened negligent infliction of emotional distress claims to include plaintiffs who were not physically present at the injury scene. This expansion could lead to more NIED claims.

Jonathan Davidi

Attorney Panish, Shea, Boyle & Ravipudi LLP

Shutterstock

The California Supreme Court recently clarified the scope and extent of a plaintiff's ability to claim negligent infliction of emotional distress (NIED) as a bystander. Pursuant to the holding in Downey v. City of Riverside (2024) __ Cal.5th __, a bystander plaintiff does not need to know that their relative's injury was caused by the negligence of the defendant in order to recover damages for NIED.

Since the Supreme Court's seminal 1968 ruling in Dillon v...

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