California Court of Appeal

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Fortman v. Forvaltningsbolaget Insulan, B237818

In negligence action brought by bystander for negligent infliction of emotional distress (NIED) damages arising out of the death of her brother that was determined to have been caused by defendant's defective scuba diving equipment, summary judgment for defendant is affirmed where, although plaintiff witnessed the injury, she did not meaningfully comprehend that the company's defective product caused the injury, and thus she cannot satisfy the second requirement for NIED under Thing v. La Chusa, 48 Cal.3d 644.

Appellate Information

  • Decided 01/10/2013
  • Published 01/10/2013

Judges

  • ALDRICH

Court

  • California Court of Appeal

Counsel