Is negligent infliction of emotional distress an ordinary cause of action for negligence?

California, United States of America


The following excerpt is from Marchand v. Superior Court (Sutter Community Hosp.), 200 Cal.App.3d 1121, 246 Cal.Rptr. 531 (Cal. App. 1988):

The second claim as phrased in the complaint is the negligent infliction of emotional distress and is pled as an ordinary cause of action for negligence. As related, this casting of the issue is invited by language in Molien v. Kaiser Foundation Hospitals, supra, 27 Cal.3d at pp. 930-931, 167 Cal.Rptr. 831, 616 P.2d 813. After alleging defendants' negligent malpractice, it was alleged that, foreseeably, defendants' negligence "would proximately cause [the Marchands] to suffer severe emotional and mental distress, suffering and anguish" and related medical and other expenses and disenable Roderick Marchand from working with a consequent loss in earnings.

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