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California Supreme Court,
Torts/Personal Injury

Aug. 7, 2024

State Supreme Court clarifies the negligent infliction of emotional distress doctrine

A bystander may bring a claim for negligent infliction of emotional distress even if the bystander was not aware of the role the defendant played in causing the victim’s injury.

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.

Shutterstock

Mom is talking to her daughter on the phone as daughter drives through a busy intersection. Mom hears a collision through the phone, then the line goes silent. Eventually, mom hears a commotion and realizes her daughter is unconscious and seriously injured. Mom sues for negligent infliction of emotional distress.

Last year, the California Court of Appeal ruled in Downey v. City of Riverside that while mom was t...

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