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
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.