Law School Case Briefs: Cal. Sup. Ct.

THING V. LA CHUSA, Cal. Sup. Ct., 48 Cal.3d 644, 771 P.2d 814 (1989) CASE BRIEF

THING V. LA CHUSA

Cal. Sup. Ct., 48 Cal.3d 644, 771 P.2d 814 (1989)

NATURE OF THE CASE: This is a review of an order that reversed a dismissal of an emotional distress action for damages.

FACTS: Thing's (P) son was injured by a car driven by La Chusa (D). P was nearby but neither saw nor heard the accident but found out about it from her daughter. P saw her bloody and unconscious child at the scene of the accident. P sued D for emotional distress. A motion for summary judgment resulted in a dismissal; P did not observe the accident. The court of appeals reversed that ruling. The California Supreme Court granted a review.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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TARASOFF V. REGENTS OF UNIVERSITY OF CALIFORNIA, Cal. Sup. Ct., 17 Cal.3rd 425, 551 P.2d 334 (1976) CASE BRIEF

TARASOFF V. REGENTS OF UNIVERSITY OF CALIFORNIA

Cal. Sup. Ct., 17 Cal.3rd 425, 551 P.2d 334 (1976)

NATURE OF THE CASE: Tarasoff (P) appealed a judgment dismissing P's action based on failure of duty to warn of impending danger and failure to confine under the Lanterman-Petris-Short Act, Cal. Welf. & Inst. Code 5000ff.

FACTS: Moore (D1) was a psychologist at the University of California (D2) hospital. Poddar was an outpatient of D1 and he told D1 that he intended to kill P because she had spurned his romantic advances. D1 informed the authorities. Poddar was detained for questioning by the campus police (D3). The final decision was to let Poddar go. Poddar killed P two months later. P's parents (P) brought a wrongful death action against the Regents and psychiatrists. They alleged malpractice by D1 for his failure to warn their daughter and negligence against D3 and D1 for their joint failure to take other reasonable actions to prevent the death, and a failure to detain Poddar. The latter charge was dropped because of state immunities for doctors. The superior court sustained Ds' demurrers. This appeal ensued.

TARASOFF V. REGENTS OF UNIVERSITY OF CALIFORNIA, Cal. Sup. Ct., 17 Cal.3rd 425, 551 P.2d 334 (1976) CASE BRIEF

TARASOFF V. REGENTS OF UNIVERSITY OF CALIFORNIA

Cal. Sup. Ct., 17 Cal.3rd 425, 551 P.2d 334 (1976)