Taylor v. Vallenlunga
District Court of Appeal CA - 1959
- P's father was beat up by D in presence of P. However, D was unaware that P was there.
- P sues D for IIED as a result of watching the beating. P suffered no actual injury.
- Trial court dismissed P's claim.
- CA District COA affirmed, dismissed P's claim.
- Is a third party able to recover damages for IIED if the D is not aware that the third party is present and the third party suffers no physical harm?
- A third party is not able to recover damages for IIED if the D is not aware that the third party is present and the third party suffers no physical harm.
- IIED requires a showing of intent to cause severe emotional distress.
- D must have acted with the purpose of causing severe emotional distress of with knowledge that his conduct is substantially certain to produce such a result.
- D did not know P was present; D did not beat up the father to cause P severe emotional distress.
- There is an exception for mishandling of corpses.
- Courts reject the notion of transferred intent for these types of IIED cases.
- Third person must be present, tortfeasor must know that the third person was there.
- Restatement says that conduct must be aimed at a family member third party or there must be bodily harm to that third party.