Molien v. Kaiser Foundation Hospitals
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Molien v. Kaiser Foundation Hospitals, 27 Cal. 3d 916 (1980), was a case decided by the Supreme Court of California that first recognized that a "direct victim" of negligence can recover damages for emotional distress without an accompanying physical injury.[1]
Quick Facts Molien v. Kaiser Foundation Hospitals, Decided August 25, 1980 ...
Molien v. Kaiser Foundation Hospitals | |
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Decided August 25, 1980 | |
Full case name | Stephen H. Molien, Plaintiff and Appellant, v. Kaiser Foundation Hospitals, et al., Defendants and Respondents. |
Citation(s) | 27 Cal. 3d 916; 167 Cal. Rptr. 831; 616 P.2d 813 |
Holding | |
A plaintiff suffering solely from negligent infliction of emotional distress has sufficient cause of action, even if they were not also physically injured. | |
Court membership | |
Chief Justice | Rose Bird |
Associate Justices | Mathew Tobriner, Stanley Mosk, William P. Clark Jr., Frank K. Richardson, Wiley Manuel, Frank C. Newman |
Case opinions | |
Majority | Mosk, joined by Bird, Tobriner, Newman, Manuel |
Dissent | Clark, joined by Richardson |
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