Dillon v. Legg
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Dillon v. Legg, 68 Cal. 2d 728 (1968), was a case decided by the Supreme Court of California that established the tort of negligent infliction of emotional distress. To date, it is the most persuasive decision of the most persuasive state supreme court in the United States during the latter half of the 20th century: Dillon has been favorably cited and followed by at least twenty reported out-of-state appellate decisions, more than any other California appellate decision in the period from 1940 to 2005.[1] It was also favorably cited by the House of Lords in an important case on nervous shock, McLoughlin v O'Brian [1983].
Quick Facts Dillon v. Legg, Decided June 21, 1968 ...
Dillon v. Legg | |
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Decided June 21, 1968 | |
Full case name | Margery M. Dillon v. David Luther Legg |
Citation(s) | 68 Cal.2d 728 441 P.2d 912 69 Cal.Rptr. 72 29 A.L.R.3d 1316 |
Holding | |
A bystander that suffers damages by the conduct of a negligent tortfeasor can recover for negligent infliction of emotional distress. | |
Court membership | |
Chief Justice | Roger J. Traynor |
Associate Justices | Mathew Tobriner, Raymond E. Peters, Stanley Mosk, Raymond L. Sullivan, Louis H. Burke, Marshall F. McComb |
Case opinions | |
Majority | Tobriner, joined by Peters, Mosk, Sullivan |
Dissent | Traynor |
Dissent | Burke, joined by McComb |
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