July 30, 2024

Downey v. City of Riverside

After hearing her daughter become involved in a car crash while on the phone with her, plaintiff sued for negligent infliction of emotional distress.

To state a claim for negligent infliction of emotional distress as a bystander,  the plaintiff (1) must be a close relative of the victim, (2) must have been present at the injury-causing event and aware that the event is causing injury to the victim, and (3) must as a result suffer serious emotional distress. 

The trial court dismissed plaintiff’s complaint because plaintiff failed to show  she was aware of how the defendants’ alleged negligence caused the crash. The Court of Appeal affirmed and the Supreme Court granted review.  

The Supreme Court reversed, explaining that the awareness requirement for a bystander emotional distress claim is satisfied where the plaintiff understands that the event is injuring the victim, and does not require awareness of the defendants’ role in causing the injury.  Here, the court concluded, plaintiff met the awareness requirement because she established that while on the phone, she heard the sounds of metal crashing against metal and glass shattering, and also realized her daughter was seriously injured when she didn’t respond after the crash.