DILLON V. LEGG, 68 Cal. 2d 728, 441 P.2d 912, 69 Cal. Rptr. 72 (1968) CASE BRIEF

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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