DILLON V. LEGG
68 Cal. 2d 728, 441 P.2d 912, 69 Cal. Rptr. 72 (1968)
NATURE OF THE CASE: Dillon (P), mother, appealed from a judgment 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 Legg (D) motorist.
FACTS: Legg (D) while driving his car killed Dillon (a child). His mother (P) and sister
saw the accident. The sister was close to the scene, but P was far away. Both P and the
decedent's sister brought actions for negligent infliction of emotional distress. D moved
for judgment on the pleadings, contending that no cause of action is stated in that
allegation that P sustained emotional distress, fright or shock induced by apprehension of
negligently caused danger or injury or the witnessing of negligently caused injury to a
third person. His sister's claim was allowed, but P's was not. It was because the sister was
alleged to be in the zone of danger while P was not. The court held that P was not within
the zone of danger created by D's actions. P appealed. This case dramatically illustrates
the difference in result flowing from the alleged requirement that a plaintiff cannot
recover for emotional trauma in witnessing the death of a child or sister unless she also
feared for her own safety because she was actually within the zone of physical impact.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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