This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

California Courts of Appeal,
Torts/Personal Injury

May 18, 2023

Negligent infliction of emotional distress: how “present” is present?

Technology use in our daily lives is expanding the definition of who is ‘present’ at the scene of an accident.

Michael E. Rubinstein

Law Office of Michael E. Rubinstein

433 N Camden Drive Suite 600
Beverly Hills , CA 90210

Phone: (213) 293-6075

Fax: (323) 400-4585

Email: Michael@rabbilawyer.com

Loyola Law School; Los Angeles CA

Michael is a Los Angeles-based personal injury and accident attorney.

See more...

GUEST COLUMN

Mom is talking to her daughter on the phone as daughter drives through a busy intersection. Mom hears a collision through the phone, then hears people in the background helping her daughter. Mom realizes that daughter was injured in an accident. Is mom ‘present’ at the scene of the collision such that she can present a claim for negligent infliction of emotional distress?

Yes, according...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up