Thing v. La Chusa, Cal. Sup. Ct.,

48 Cal.3d 644, 771 P.2d 814 (1989)

Facts

Thing's (P) son was injured by a car driven by La Chusa (D). P was nearby, but neither saw nor heard the accident but found out about it from her daughter. P saw her bloody and unconscious child at the scene of the accident. P sued D for emotional distress. A motion for summary judgment resulted in a dismissal; P did not observe the accident. The court of appeals reversed that ruling. The California Supreme Court granted a review.