Madigan v. City of Santa Ana

Opinion

TROTTER, P. J.

We are asked to extend a cause of action for negligent infliction of emotional distress to include a parent and stepparent who were not present and did not contemporaneously observe the accident which resulted in the death of their son/stepson. We decline for reasons stated in

Dillon

v.

Legg

(1968) 68 Cal.2d 728 [69 Cal.Rptr. 72, 441 P.2d 912, 29 A.L.R.3d 1316].

Patricia and William Madigan (Madigans) filed a complaint for wrongful death and negligent infliction of emotional distress against City of Santa Ana (City), Richard Zugman, Saul and Robert Rodriguez and Terri Lynn Hernandez, aka Terri Lynn Zintzun (Hernandez). City and Hernandez demurred to Madigans’ second amended complaint, which stated three causes of action. The court sustained the demurrers to the first and second causes of action without leave to amend and dismissed them accordingly.

1

Madigans appeal from that portion of the judgment dismissing the second cause of action.

2

[609]

On September 29, 1980, Hernandez’ Camaro, driven by Robert Rodriguez, ran a red light and collided with a Volkswagen in which John Kimberling was riding. Richard Zugman, a City police officer, was pursuing the Camaro at the time of the accident; Kimberling, Madigans’ son and stepson, was killed in the accident.

The Madigans were advised of the accident a few minutes after it occurred and arrived at the scene within 15 minutes. They observed the damaged cars, knew Kimberling was in the Volkswagen, saw the ambulance, police and fire vehicles and were told the occupants of the Volkswagen had been killed. They immediately “visualized” the events of the accident including Kimberling’s death and sustained “great mental distress and shock and injury to their nervous system to the same extent as if they had actually observed the accident.” (Italics omitted.)