Clarity For Calif. Negligent Emotional Distress Claims

Law360, New York (March 10, 2015, 10:55 AM EDT) -- The recent decision in Wilson v. Southern California Edison Co. provides greater clarity to the California rule permitting claims for negligent infliction of emotional distress by direct victims who do not suffer a physical injury. Direct victim cases are those in which the plaintiff's claim of emotional distress is not based upon witnessing an injury to someone else, but rather upon the violation of a duty owed directly to the plaintiff.[1] Wilson holds that a negligent infliction of emotional distress claim will not survive unless the alleged breach of duty threatens an actual physical injury....

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