[DOWNLOAD] "Mobaldi V. Regents Of University Of California" by Second Appellate District, Division One Court of Appeal of California * Book PDF Kindle ePub Free

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eBook details

• Title: Mobaldi V. Regents Of University Of California
• Author : Second Appellate District, Division One Court of Appeal of California
• Release Date : January 23, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

This is an appeal from a judgment of dismissal after a demurrer was sustained to plaintiffs' complaint without leave to amend. It concerns primarily the construction of the guidelines of Dillon v. Legg, 68 Cal. 2d 728 [69 Cal. Rptr. 72, 441 P.2d 912, 29 A.L.R.3d 1316], governing determination of foreseeability of emotional trauma through sensory perception of physical injury negligently inflicted upon another for the purpose of defining the negligent person's liability to the one emotionally traumatized. In particular, the case at bench involves the guideline requirements that: (1) the emotionally traumatized plaintiff be "closely related" to the immediate victim of the defendant's negligence; and (2) the emotional trauma result from "a direct emotional impact upon plaintiff from the sensory and contemporaneous observance of the accident." (Dillon v. Legg, supra, 68 Cal. 2d at p. 740.)

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