In a "direct victim" case, what is the test for determining whether a defendant has a duty to the direct victim?
MultiRegion, United States of America
The following excerpt is from Mierlot v. Tri-City Healthcare Dist., Case No. 14cv1452 AJB (WVG) (S.D. Cal. 2014):
In "direct victim" cases, "well-settled principles of negligence are invoked to determine whether all elements of a cause of action, including duty, are present in a given case." Burgess v. Superior Court, 2 Cal.4th 1064, 1073 (Cal. 1992) "[U]nless the defendant has assumed a duty to plaintiff in which the emotional condition of the plaintiff is an object, recovery is available only if the emotional distress arises out of the
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