What is the test for determining whether a plaintiff suffered shock as a result of a motor vehicle accident?
California, United States of America
The following excerpt is from Campanano v. California Medical Center, 38 Cal.App.4th 1322, 45 Cal.Rptr.2d 606 (Cal. App. 1995):
2 This has been a requirement of the cause of action since it was first recognized in 1968. Previously, courts were directed to perform a case-by-case analysis, weighing factors including: "Whether the shock resulted from a direct emotional impact upon plaintiff from the sensory and contemporaneous observance of the accident...." (Dillon v. Legg (1968) 68 Cal.2d 728, 740, 69 Cal.Rptr. 72, 441 P.2d 912.)
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