Dillon v. Legg

68 Cal. 2d 728 · California Supreme Court · 1968

Facts

Defendant negligently struck and killed the infant daughter of plaintiff Margery M. Dillon, who was in close proximity and personally witnessed the collision, suffering severe emotional and physical injuries. The trial court dismissed the mother's claim for emotional distress because she was not within the 'zone of danger' or in fear for her own safety, relying on prior precedent. The mother appealed this dismissal.

Issue

Can a mother recover for emotional distress and physical injury caused by witnessing the negligent death of her child, even if she was not within the 'zone of danger' or in fear for her own safety?

Holding

Yes, the court reversed the judgment, holding that a mother can recover for emotional distress and physical injury from witnessing the negligent death of her child, even if she was not within the zone of danger. The court explicitly overruled prior precedent that required the plaintiff to be within the zone of danger or fear for their own safety.

Rule

To determine if a defendant owes a duty of care for emotional distress caused by witnessing an accident, courts should consider the plaintiff's proximity to the accident, whether the shock resulted from direct sensory and contemporaneous observance, and the closeness of the relationship between the plaintiff and the victim. These factors guide the assessment of foreseeability of harm to the plaintiff.

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Case brief last reviewed 2026-02-10. Prepared by CaseReader from the published opinion.