Dillon v. Legg - others after its occurrence 3) Whether...

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Dillon v. Legg 68 Cali. 2d 728 (1968) (excluded in final) Fact: Operative Facts: This case is under bystander liability. There was a driver who hit a girl, which caused her death, through negligent driving. The mother and sister is suing for emotional infliction. There was, however, contributory negligence by the mother and sister too. Issue: whether there was a duty by the driver to the mother and sister. Rule: To establish duty, the courts will look at: 1) Whether plaintiff was located near the scene of the accident as contrasted with one who was a distance away from it 2) Whether the shock resulted from a direct emotional impact upon plaintiff from the sensory and contemporaneous observance of the accident, as contrasted with learning of the accident from
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Unformatted text preview: others after its occurrence 3) Whether plaintiff and the victim were closely related as contrasted with an absnce of any relationship or the presence of only a distant relationship Rational: The courts found that as long as there is a duty and as long as there is foreseeability, then a person can sue on a tort of negligence. In this case, there was not enough to prove a tort of negligence due to contributory negligence, but it leaves the door open. Holding: Broad: Narrow: contributory negligence is a factor in determining foreseeability, for negligence. If a party has contributory negligence, it could place the situation in the realms past foreseeability from the defendant. Synthesis: Dissent/Concurrences:...
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This note was uploaded on 12/20/2011 for the course TORTS 131 taught by Professor Keller during the Fall '11 term at Western State Colorado University .

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