In what circumstances will the children of a plaintiff who received negligent services of an attorney be able to recover damages for negligently inflicted emotional distress?
California, United States of America
The following excerpt is from Anisodon v. Superior Court (Mercy Hosp. and Medical Center), 285 Cal.Rptr. 539, 6 Cal.App.4th 164 (Cal. App. 1991):
In a converse situation, our court in Holliday v. Jones (1989) 215 Cal.App.3d 102, 111-112, 264 Cal.Rptr. 448 held that children of a person who received negligent services of an attorney were not entitled to recover damages for negligently inflicted emotional distress stemming from the malpractice. The children did not qualify as bystander plaintiffs (not having witnessed the services) nor as direct victims, since the attorney's malpractice was in no sense "directed" at them. (Ibid.) In Holliday, we set forth a synthesis of the cases in which recovery for negligently inflicted emotional distress damages may be allowed:
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