Opinion

Zuniga v. Housing Authority

  • 41 Cal. App. 4th 82
  • 48 Cal. Rptr. 2d 353
  • 95 Daily Journal DAR 16797
  • 95 Cal. Daily Op. Serv. 9689
  • 1995 Cal. App. LEXIS 1231
Court
California Court of Appeal
Filed
Dec 14, 1995
Status
Published
Author
Klein
On the bench
Hastings, Klein
Cited by
29 cases

Questioned on other grounds by Zelig v. County of Los Angeles, 119 Cal. Rptr. 2d 709 (2002)

permitting plaintiff’s NIED claim based on his seeing emergency personnel futilely attempt to rescue his family members from a burning building and the body of his daughter carried out of the building

How later courts described this case

  • permitting plaintiff’s NIED claim based on his seeing emergency personnel futilely attempt to rescue his family members from a burning building and the body of his daughter carried out of the building
  • "The Housing Authority of the City of Los Angeles was organized to function as a state agency and not an agent of the city in which it functions[,]" (quoting Housing Auth. v. City of L.A., 243 P.2d 515, 519 (Cal. 1952)
  • some tenants of a housing authority were qualified to bring claims of emotional distress for deaths of close relatives in an arson fire

Written by the judges who cited it.

Later courts went against this

  • Questioned on other grounds by Zelig v. County of Los Angeles, 119 Cal. Rptr. 2d 709 (2002)

    41 Cal.App.4th 82 , questioned on other grounds in Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1138-1139
    California Supreme CourtMay 20, 20023 citing opinionsother groundsRead it

The opinion

KLEIN (Brett), J. *

I Dissent.

Whether this terrorist firebombing would have been deterred or prevented by even extraordinary protective measures is anyone’s guess. Causation must be shown by evidence; guesses are insufficient. I would affirm the order dismissing the complaint.

Respondents’ petitions for review by the Supreme Court were denied April 11, 1996. Kennard, J., and George, J., were of the opinion that the petitions should be granted.

Judge of the Municipal Court for the Los Angeles Judicial District sitting under assignment by the Chairperson of the Judicial Council.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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