Can a Close Relative Who Hears a Car Crash on the Phone Sue for Negligent Infliction of Emotional Distress? California Supreme Court Says Yes.

The California Supreme Court’s decision this week in Downey v. City of Riverside, et al. ruled that such a claim did exist, expanding the contemporaneous zone of awareness for a Plaintiff to successfully recover for negligent infliction of emotional distress (NIED). Plaintiff Jayde Downey alleged she was speaking with her daughter by cell phone when she heard her daughter explain “Oh!” in fear or shock, followed by sounds of an explosive metal-on-metal vehicular crash, shattering glass, and…
By: Haight Brown & Bonesteel LLP