Dillon v. Legg

68 Cal. 2d 728, 441 P.2d 912, 69 Cal. Rptr. 72 (1968)

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Nature of the Case

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Facts

Legg (D) while driving his car killed Dillon (a child). His mother (P) and sister saw the accident. The sister was close to the scene, but P was far away. Both P and the decedent's sister brought actions for negligent infliction of emotional distress. D moved for judgment on the pleadings, contending that no cause of action is stated in that allegation that P sustained emotional distress, fright or shock induced by apprehension of negligently caused danger or injury or the witnessing of negligently caused injury to a third person. His sister's claim was allowed, but P's was not. It was because the sister was alleged to be in the zone of danger while P was not. The court held that P was not within the zone of danger created by D's actions. P appealed. This case dramatically illustrates the difference in result flowing from the alleged requirement that a plaintiff cannot recover for emotional trauma in witnessing the death of a child or sister unless she also feared for her own safety because she was actually within the zone of physical impact.