What is the scope of a duty of care for the immediate family members of a plaintiff in a personal injury action?
California, United States of America
The following excerpt is from Kesner v. Superior Court of Alameda Cnty., 1 Cal.5th 1132, 210 Cal.Rptr.3d 283, 384 P.3d 283 (Cal. 2016):
As an instructive point of contrast, we have limited the scope of a duty to immediate family members where the alleged injury is negligent infliction of emotional distress (Thing v. La Chusa (1989) 48 Cal.3d 644, 257 Cal.Rptr. 865, 771 P.2d 814 ; Christensen v. Superior Court (1991) 54 Cal.3d 868, 2 Cal.Rptr.2d 79, 820 P.2d 181 )
[210 Cal.Rptr.3d 302]
or loss of consortium (
[1 Cal.5th 1156]
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