Taylor v. Vallelunga
District Court of Appeal of California
339 P.2d 910 (1959)
Relevant factsFree
Clifford Gerlach sued Vallelunga (defendant) for beating him, and Gerlach's daughter, Gail E. Taylor (plaintiff), joined the suit, alleging she witnessed the beating and suffered severe emotional distress as a result, though she did not claim any resulting physical injury. Vallelunga demurred to Taylor's claim, and the trial court dismissed it; Taylor appealed.
IssueFree
Whether a bystander who witnesses an attack on a family member can recover for intentional infliction of emotional distress without alleging the defendant knew of her presence or acted intending, or with substantial certainty of, causing her severe emotional distress.