What are the factors used to determine whether a plaintiff is a bystander in a motor vehicle accident?
California, United States of America
The following excerpt is from Budavari v. Barry, 176 Cal.App.3d 849, 222 Cal.Rptr. 446 (Cal. App. 1986):
3 These three factors are to be evaluated and weighed; they are not treated as three indispensable elements of a bystander claim. (Ochoa v. Superior Court (1985) 39 Cal.3d 159, 166, 168, 216 Cal.Rptr. 661, 703 P.2d 1.)
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