Krouse v. Graham
19 Cal.3d 59, 562 P.2d 1022, 137 Cal. Rptr. 863
Facts: The Krouse family was returning from a grocery shopping trip and their car was parked on the curb. When Elizabeth (the wife) and Vinka Mladinov (neighbor) were returning to shut the door of the car, Graham hits a curb and rear ends the parked car. This results in the hitting the neighbor (Mladinov) and Elizabeth (the mother). The impact caused the neighbor to fly 20 feet into an embankment causing her injuries and hurled Elizabeth under the defendant’s vehicle resulting in her death. The husband, Benjamin sustained injuries and ‘mental and emotional’ disturbances. Defendant filed an appeal.
Procedural History: Multiple plaintiffs filed 3 different cases against defendant Graham. The first case was for wrongful death damages for Benjamin and 5 children, second damages for physical and emotional injuries sustained by Benjamin and third damages for the physical injuries suffered by Mladinov. The defendant appealed.
Issue: Whether the plaintiff is able to recover damages for his ‘mental and emotional distress’ caused by the wrongful death claim for his wife given that Benjamin suffered serious shock to his nervous system causing a gastric disturbance, yet …show more content…
Benjamin was residing in the parked car when the women were unloading groceries and the impact hit them from behind. The second element was in question because the jury could not pinpoint where Benjamin obtained his injury of shock from. The third element was also satisfied because his wife is the individual who died and they shared a husband and wife
19 Cal.3d 59, 562 P.2d 1022, 137 Cal. Rptr. 863
Facts: The Krouse family was returning from a grocery shopping trip and their car was parked on the curb. When Elizabeth (the wife) and Vinka Mladinov (neighbor) were returning to shut the door of the car, Graham hits a curb and rear ends the parked car. This results in the hitting the neighbor (Mladinov) and Elizabeth (the mother). The impact caused the neighbor to fly 20 feet into an embankment causing her injuries and hurled Elizabeth under the defendant’s vehicle resulting in her death. The husband, Benjamin sustained injuries and ‘mental and emotional’ disturbances. Defendant filed an appeal.
Procedural History: Multiple plaintiffs filed 3 different cases against defendant Graham. The first case was for wrongful death damages for Benjamin and 5 children, second damages for physical and emotional injuries sustained by Benjamin and third damages for the physical injuries suffered by Mladinov. The defendant appealed.
Issue: Whether the plaintiff is able to recover damages for his ‘mental and emotional distress’ caused by the wrongful death claim for his wife given that Benjamin suffered serious shock to his nervous system causing a gastric disturbance, yet …show more content…
Benjamin was residing in the parked car when the women were unloading groceries and the impact hit them from behind. The second element was in question because the jury could not pinpoint where Benjamin obtained his injury of shock from. The third element was also satisfied because his wife is the individual who died and they shared a husband and wife