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Landmark Cases

Case Name: Maria THING v. James LA CHUSA

Date, Location, Cite: 1989 CA
48 Cal 3d 644
CA Supreme Court

Ms. Thing's son was injured by car driven by La Chusa; she did not see or hear the accident, but came up shortly after and saw her son, thought he was dead; sued for negligent infliction of emotional damage. Court said requires plaintiff to observe injury when injured is
  1. closely related
  2. present and knows injury is occurring
  3. as a result suffers serious emotional distress.

Said DILLON was hopelessly arbitrary, that most states use Zone of Danger anyway. Issue remains cloudy.