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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
- closely related
- present and knows injury is occurring
- as a result suffers serious emotional distress.
Said DILLON was hopelessly arbitrary, that most states use Zone of Danger anyway. Issue remains cloudy.