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Emotional Harm 

Emotional Harm
Chapter:
Emotional Harm
Author(s):

Amar Mehta

DOI:
10.1093/med/9780199344659.003.0017
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date: 01 December 2020

Chapter 17 involves two California Supreme Court cases that relate to damages that can be recovered for emotional harm in negligence cases. Both cases involve the death of a child after being struck by a car and subsequent lawsuits filed by their mothers. The first, Dillon v. Legg, established that one need not be in the “zone of danger” to recover damages if emotional injury is “reasonably foreseeable.” The second case, more than twenty years later, Thing v. LaChusa, was an attempt to further broaden emotional injury damages, but the court prevented such action and even reversed the “foreseeability” standard as too broad.

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