Dillon v. Legg

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

Facts

Defendant negligently drove his car, killing Erin Lee Dillon, the infant daughter of plaintiff Margery M. Dillon. Margery and her other daughter, Cheryl, were in close proximity and personally witnessed the collision, suffering severe emotional distress. The trial court dismissed the mother's claim for emotional distress because she was not within the 'zone of danger,' but allowed the sister's claim, leading the mother to appeal.

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' and did not fear for her own safety?

Holding

The court reversed the judgment against the mother, holding that she could recover for emotional distress caused by witnessing her daughter's death, thereby rejecting the 'zone of danger' rule.

Rule

A defendant's duty of care for bystander emotional distress claims is determined by foreseeability, considering factors such as 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.

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Case brief last reviewed 2026-01-31. Prepared by CaseReader from the published opinion.