AMAYA v. HOME ICE, FUEL & SUPPLY CO.

Docket No. S.F. 21152.

59 Cal.2d 295 (1963)

379 P.2d 513

29 Cal. Rptr. 33

LILLIAN AMAYA, Plaintiff and Appellant, v. HOME ICE, FUEL AND SUPPLY COMPANY et al., Defendants and Respondents.

Supreme Court of California. In Bank.

March 12, 1963.


Attorney(s) appearing for the Case

Thompson, Sherbourne & Oppen and James J. Oppen for Plaintiff and Appellant.

Belli, Ashe & Gerry, Seymour L. Ellison, William P. Camusi, Edward I. Pollock, Theodore A. Horn, Ned Good, David M. Harney, Abe Mutchnik, William J. Pollack, S.M. Dana and James G. Butler as Amici Curiae on behalf of Plaintiff and Appellant.

Berry, Davis, Channell & McNamara, Clark, Heafey & Martin, Herbert Chamberlin, Woodrow W. Kitchel, Appelbaum, Mitchell & Bennett and Robert M. Davis for Defendants and Respondents.


SCHAUER, J.

Plaintiff Lillian Amaya appeals from a judgment of dismissal entered upon an order sustaining defendants' general demurrer to her complaint1 after she had declined an opportunity to amend.

[1a] The sole issue is whether liability may be predicated on fright or nervous shock (with consequent bodily illness) induced solely by the plaintiff's apprehension of negligently...

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