When someone witnesses their loved one being seriously injured because of the negligent actions of another person or entity, they have a right to pursue compensation for the negligent infliction of emotional distress when what they witnessed traumatizes them. While this cause of action is typically used in cases involving someone who visually witnesses an incident and its aftermath, the California Supreme Court recently considered a case in which a woman’s mother heard the sounds of a serious car crash and was traumatized when she realized her daughter had suffered serious injuries. In Downey v. City of Riverside, Cal. Supreme Ct. Case No. S280322, the California Supreme Court decided whether the cause of action requires the plaintiff to have immediate awareness of the defendant’s negligence that caused their loved one’s accident and injuries.
Factual and Procedural Background
Jayde Downey was giving her daughter, Malyah Jane Vance, driving directions on her cell phone while Vance was driving. Vance was driving near the intersection of Via Zapata and Canyon Crest Drive at the time. While giving her instructions, Downey heard Vance exclaim “Oh!” followed by the sounds of breaking glass and crunching metal, so she immediately knew her daughter had been involved in a car crash. Since Vance did not respond any further, Downey knew that she had likely suffered severe injuries in the crash that prevented her from talking. A passerby picked up the phone and told Downey to stop talking because he needed to try to find her daughter’s pulse.