Thing v. La Chusa
Supreme Court of California
771 P.2d 814 (1989)
Relevant factsFree
John Thing was seriously injured when struck by a car driven by James La Chusa (defendant). His mother, Maria (plaintiff), neither heard nor saw the accident but was nearby, ran to the scene after hearing about it, and found her son lying in the street bloody and unconscious. Maria sued for emotional distress caused by La Chusa's negligence; the trial court granted La Chusa summary judgment, the court of appeals reversed, and La Chusa appealed.
IssueFree
Whether a plaintiff may recover damages for emotional distress caused by observing the negligently inflicted injury of a third person if she was not an eyewitness to the act that caused the injury.