TAYLOR v. VALLELUNGA Dist. Ct. of App. of Cal., 171 Cal.App.2d 107, 339 P.2d 910 (1959). CASE BRIEF

TAYLOR V. VALLELUNGA

Dist. Ct. of App. of Cal., 171 Cal.App.2d 107, 339 P.2d 910 (1959)

NATURE OF THE CASE: This is a suit to recover for damages from a battery including a mental suffering emanating from that battery to a third party bystander.

FACTS: Taylor (P) witnessed the beating of her father by Vallelunga (D). This caused her mental anguish. P's presence at the scene of the assault was unknown to D. D had no intent to inflict severe emotional distress on P. P sought damages but there was no physical injury inflicted upon P. D demurred to the complaint and it was dismissed. P appealed from that dismissal.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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