1/12/2024 0 Comments Suprime ice brosas the said defendants' truck was bearing down upon" James that she shouted a warning to defendants, but they failed to stop the truck and ran over the boy and that she "was compelled to stand helpless and watch her infant son be struck and run over by the defendants' truck." She then alleges that as a "direct and proximate result" of the defendants' negligent operation of their truck she "suffered an emotional shock and great mental disturbance. In the subject complaint plaintiff-appellant alleges that she is the mother of James Amaya that at the time of the accident she was seven months pregnant, and James was 17 months of age that on that day she "was standing near her said infant son, watching over him" and "observed the negligent conduct of the defendants. After a comprehensive review of the authorities and the several considerations underlying decision on this issue, we have concluded that the complaint does not state facts sufficient to constitute a cause of action and that the judgment should therefore be affirmed. The sole issue is whether liability may be predicated on fright or nervous shock (with consequent bodily illness) induced solely by the plaintiff's apprehension of negligently caused danger or injury to a third person. 1 after she had declined an opportunity to amend. Plaintiff Lillian Amaya appeals from a judgment of dismissal entered upon an order sustaining defendants' general demurrer to her complaint fn. Kitchel, Appelbaum, Mitchell & Bennett and Robert M. Butler as Amici Curiae on behalf of Plaintiff and Appellant.īerry, Davis, Channell & McNamara, Clark, Heafey & Martin, Herbert Chamberlin, Woodrow W. Oppen for Plaintiff and Appellant.īelli, Ashe & Gerry, Seymour L. Thompson, Sherbourne & Oppen and James J. HOME ICE, FUEL AND SUPPLY COMPANY et al., Defendants and Respondents. LILLIAN AMAYA, Plaintiff and Appellant, v.
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