What are the emotional distress damages for a plaintiff in a personal injury action?
California, United States of America
The following excerpt is from Barra v. City Of Kerman, 07CECG002419AMS, F056921 (Cal. App. 2010):
person. The second situation applicable here, is found where the plaintiff is a "direct victim." In such a situation, the emotional distress damages result from a duty owed the plaintiff that is assumed by the defendant, imposed on the defendant as a matter of law, or that arises out of a relationship between the two. (McMahon v. Craig, supra, 176 Cal.App.4th 1502 at pp. 1509-1510.)
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