DILLON v. LEGG

Docket No. Sac. 7816.

68 Cal.2d 728 (1968)

441 P.2d 912

69 Cal. Rptr. 72

MARGERY M. DILLON et al., Plaintiffs and Appellants, v. DAVID LUTHER LEGG, Defendant and Respondent.

Supreme Court of California. In Bank.

June 21, 1968.


Attorney(s) appearing for the Case

Bradford, Cross, Dahl & Hefner, Archie Hefner and James M. Woodside for Plaintiffs and Appellants.

McGregor, Bullen, Erich & McKone, George Bullen and William C. McKinley for Defendant and Respondent.


TOBRINER, J.

That the courts should allow recovery to a mother who suffers emotional trauma and physical injury from witnessing the infliction of death or injury to her child for which the tortfeasor is liable in negligence would appear to be a compelling proposition. As Prosser points out, "All ordinary human feelings are in favor of her [the mother's] action against the negligent defendant. If a duty to her requires that she herself be in some recognizable danger...

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