The following excerpt is from Duenez v. City of Manteca, NO. CIV. S-11-1820 LKK/KJN (E.D. Cal. 2012):
To establish a claim for negligent infliction of emotional distress for injuries inflicted upon a third person, a plaintiff must satisfy a three-part test: plaintiff "(1) is closely related to the injury victim; (2) is present at the scene of the injury-producing event at the time it occurs and is then aware that it is causing injury to the victim; and (3) as a result suffers serious emotional distress--a reaction beyond that which would be anticipated in a disinterested witness and which is not an abnormal response to the circumstances." Bird v. Saenz, 28 Cal.4th 910, 915, 123 Cal.Rptr.2d 465, 51 P.3d 324 (2002) (internal quotations omitted).
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