MOLIEN v. KAISER FOUNDATION HOSPITALS

Docket No. S.F. 24084.

27 Cal.3d 916 (1980)

616 P.2d 813

167 Cal. Rptr. 831

STEPHEN H. MOLIEN, Plaintiff and Appellant, v. KAISER FOUNDATION HOSPITALS et al., Defendants and Respondents.

Supreme Court of California.

August 25, 1980.


Attorney(s) appearing for the Case

COUNSEL

Herbert W. Yanowitz for Plaintiff and Appellant.

Wylie Aitken, Robert E. Cartwright, Edward I. Pollock, Glen T. Bashore, Stephen I. Zetterberg, J. Nick DeMeo, Sanford M. Gage, Stephen I. Odgers, Harvey R. Levine, Leonard Sacks, Joseph Posner and Arne Werchick as Amici Curiae on behalf of Plaintiff and Appellant.

McNamara, Lewis, Dodge & Houston, Richard E. Dodge, Robert M. Slattery and Paul M. Hoff for Defendants and Respondents.


OPINION

MOSK, J.

To what extent should the law permit recovery of damages for the negligent infliction of emotional or mental distress unaccompanied by physical injury? We consider this question in two contexts, both presented by an action charging defendants with erroneously diagnosing plaintiff's wife as suffering from an infectious social disease.

Appealing from a judgment entered after a demurrer was sustained, plaintiff...

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