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Keywords

plaintiffdefendantnegligencetrialmotiondivorceduty of care
plaintiffdefendanttrialmotiondivorceduty of care

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Schwarz v. Regents of University of California, 226 Cal.App.3d 149, 276 Cal.Rptr. 470

Facts

In June 1982, Marlon, the plaintiff's son, began therapy at UCLA Medical Center for bedwetting and adjustment disorder amid family stress from his parents' divorce. The therapist recommended that Marlon live solely with his mother, which the father agreed to. In July 1985, Marlon's mother informed the therapist of her plan to move to London with Marlon, seeking to hide from the father. The therapist supported this plan, leading to the father's emotional distress upon discovering the concealment of his son's whereabouts.

In June 1982, plaintiff's son, Marlon, began therapy in the child outpatient department of the UCLA Medical Center Neuropsychiatric Institute. Marlon's primary problem was enuresis, or bedwetting. The treating therapist also noted that Marlon suffered from an adjustment disorder, and there was considerable family stress due to the parents' bitter divorce.

Issue

Did the father have a valid cause of action against the psychotherapist for negligent infliction of emotional distress?

Did the father have a valid cause of action against the psychotherapist for negligent infliction of emotional distress?

Rule

To establish a claim for negligent infliction of emotional distress, a plaintiff must demonstrate a legal duty of care, its breach, causation, and resulting injury. The court considers foreseeability and policy factors in determining the existence of a duty of care.

To state a cause of action, the facts alleged must show a legal duty of care, its breach, causation and resulting injury.

Analysis

The court found that the father did not meet the requirements for either a bystander or direct victim claim. He was not present during the therapist's actions that led to the emotional distress and did not observe the conduct causing the injury to Marlon. The court emphasized that the therapist's negligence was not directed at the father, thus failing to establish a direct victim relationship.

The court found that the father did not meet the requirements for either a bystander or direct victim claim.

Conclusion

The court affirmed the trial court's decision, concluding that the father did not have a valid claim for negligent infliction of emotional distress against the psychotherapist.

The court affirmed the trial court's decision, concluding that the father did not have a valid claim for negligent infliction of emotional distress against the psychotherapist.

Who won?

Defendant (Dr. Sparing) prevailed because the court found that the father did not establish a valid cause of action for negligent infliction of emotional distress.

Defendant (Dr. Sparing) prevailed because the court found that the father did not establish a valid cause of action for negligent infliction of emotional distress.

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