Dillon v. Legg

Dillon v. Legg
Dillon v. Legg
Seal of California.svg
Supreme Court of California
Decided June 21, 1968
Holding
A bystander that suffers damages by the conduct of a negligent tortfeasor can recover for negligent infliction of emotional distress.
Court membership
Chief Justice
Roger J. Traynor
Associate Justices
Mathew Tobriner, Raymond E. Peters, Stanley Mosk, Raymond L. Sullivan, Louis H. Burke, Marshal F. McComb
Case opinions
Majority by: Tobriner
Joined by: Peters, Mosk, Sullivan
Dissent by: Traynor
Dissent by: Burke
Joined by: McComb

Dillon v. Legg, 68 Cal. 2d 728 (1968), was a case decided by the Supreme Court of California that established the tort of negligent infliction of emotional distress. To date, it is the most persuasive decision of the most persuasive state supreme court in the United States; Dillon has been favorably cited and followed by at least twenty reported out-of-state appellate decisions, more than any other California appellate decision.[1]

Contents

Factual background

A mother and her daughter witnessed the injury of her other child in a car accident caused by a negligent driver. The mother and daughter sued for emotional distress as a result of witnessing the accident. The trial court dismissed the claim under the prevailing zone of danger rule - the plaintiff needed to be in physical danger of the accident itself to recover for emotional distress.[2][3]

Opinion of the Court

Majority opinion

The court relied on foreseeability in order to establish whether or not a negligent defendant owed a duty of care to a bystander. The court urged a case by case analysis of several elements to determine if foreseeability would create a duty to a bystander:

  • Whether the plaintiff was near the scene of the accident,
  • Whether the plaintiff suffered an emotional shock from contemporaneously observing the accident, and
  • Whether the plaintiff is closely related to the victim

Using these criteria, the court determined that it was foreseeable that the negligent operation of an automobile could cause emotional distress to a mother witnessing the injury of her child in an accident.[4]

Traynor's dissent

In his dissenting opinion, Justice Traynor asserted that the case should have been decided according to the zone of danger rule enunciated in the case Amaya v. Home Ice, Fuel & Supply Co.[5]

Burke's dissent

In dissent, Justice Burke asserted that the majority had adopted arguments that were previously rejected in Amaya. Burke criticized the guidelines offered by the majority as insufficient protection against possibly limitless liability. Burke viewed the limitations on liability inherent in the zone of danger rule as logical and necessary, and thought that such a pronounced change in liability rules should be adopted by the legislature and not the courts.[6]

References

  1. ^ Jake Dear and Edward W. Jessen, " Followed Rates" and Leading State Cases, 1940-2005, 41 U.C. Davis L. Rev. 683, 708(2007).
  2. ^ Henderson, J.A. et al. The Torts Process, Seventh Edition. Aspen Publishers, New York, NY: 2007, p. 305
  3. ^ Meyer, Robert G.; Christopher M. Weaver (December 15, 2005). Law and mental health: a case-based approach. Guilford Press. ISBN 1593852215. http://books.google.com/books?id=_zU4PCsY774C&pg=PA182&lpg=PA182&dq=Dillon+v.+Legg&source=bl&ots=hWciUjjjEI&sig=JUu9Be_CBOnukj-o156mMdlsfJk&hl=en&ei=waDWStTnBIqCkQXX6tHcCA&sa=X&oi=book_result&ct=result&resnum=5&ved=0CBcQ6AEwBA#v=onepage&q=Dillon%20v.%20Legg&f=false. 
  4. ^ Henderson, J.A. et al., p. 307
  5. ^ Dillon v. Legg, 68 Cal.2d 728, 748 (1968)
  6. ^ Dillon, 68 Cal.2d at 749-52

External links


Wikimedia Foundation. 2010.

Игры ⚽ Поможем решить контрольную работу

Look at other dictionaries:

  • Negligent infliction of emotional distress — Tort law Part of the …   Wikipedia

  • Marshall F. McComb — California Supreme Court Justice Marshall F. McComb (right) swearing in Ronald Reagan (left) as Governor of California Marshall F. McComb (May 6, 1894 – September 5, 1981) was an American jurist who served as an Associate Justice of the Supreme… …   Wikipedia

  • Supreme Court of California — Seal of the Supreme Court of California Established 1849 Jurisdiction …   Wikipedia

  • Negligence — For other uses, see Negligence (disambiguation). Tort law …   Wikipedia

  • Roger J. Traynor — Roger John Traynor (February 12, 1900 ndash; May 14, 1983) served as the 23rd Chief Justice of the Supreme Court of California from 1964 to 1970, and as an Associate Justice from 1940 to 1964. A nationally respected jurist, Traynor s thirty year… …   Wikipedia

  • List of Edmonton Oilers draft picks — This is a complete list of ice hockey players who were drafted in the National Hockey League Entry Draft by the Edmonton Oilers franchise. It includes every player who was drafted, regardless of whether they played for the team. Contents 1 Key 2… …   Wikipedia

  • Great Britain at the 2000 Summer Olympics — Infobox Olympics Great Britain games=2000 Summer competitors=332 sports=28 flagbearer=Matthew Pinsent (opening) Steve Redgrave (closing) gold=11 silver=10 bronze=7 total=28The United Kingdom of Great Britain and Northern Ireland competed as Great …   Wikipedia

  • Liste de zoologistes — Attention, il n est pas d usage en zoologie d utiliser d abréviation pour les noms des auteurs (contrairement aux usages de la botanique, voir ici). Cette liste ne constitue pas une liste officielle. Nous attirons l attention du lecteur sur son… …   Wikipédia en Français

  • List of investment banks — The following is a list of investment banksFinancial conglomeratesLarge financial services conglomerates combine commercial banking and investment banking, and sometimes insurance. Such combinations were common in Germany but illegal in the… …   Wikipedia

  • Список инвестиционных банков —   Это служебный список статей, созданный для координации работ по развитию темы.   …   Википедия

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”