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lawsuitplaintiffdamagestrialmotioncase law

plaintiffdamagesmotionappellant

Related Cases

Wilks v. Hom, 2 Cal.App.4th 1264, 3 Cal.Rptr.2d 803

Facts

Kimberly Wilks and her three daughters lived in a residence rented from George Hom and others. On October 12, 1987, after the propane system was hooked up to a stove, an explosion occurred while Wilks was in the living room with her youngest daughter, Janelle. Wilks's other daughters, Jessica and Virginia, were in their bedrooms. The explosion resulted in severe injuries to Jessica and the death of Virginia. Wilks, as guardian ad litem for her daughters, filed a lawsuit against the landlords for wrongful death and personal injuries.

Kimberly Wilks (Wilks) and her three daughters lived in a residence they rented from George Hom, Tom Hom, Herbert Hom and Campo Lake Properties (appellants). On October 12, 1987, after the family had lived at the residence for about six months, Wilks's boyfriend, Arthur Ayres (Ayres) hooked up the house's existing propane system, which had not previously been in use, to a propane stove. Ayres then left the house to do an errand. At about that time Wilks and her three-year-old daughter, Janelle, were in the living room, where Wilks was using a vacuum cleaner. Wilks's other two daughters, nine-year-old Jessica and seven-year-old Virginia, were in their respective bedrooms. When Wilks finished vacuuming, she called to Virginia to pull the plug out of the socket in Virginia's room. As Virginia pulled the plug, there was an immediate explosion.

Issue

Whether the mother of the injured child could recover damages for emotional distress caused by witnessing the explosion that resulted in her daughter's injuries.

Rule

A plaintiff may recover damages for emotional distress caused by observing the negligently inflicted injury of a third person if they are closely related to the victim, present at the scene of the injury-producing event, aware that it is causing injury, and suffer serious emotional distress.

A plaintiff may recover damages for emotional distress caused by observing the negligently inflicted injury of a third person if, but only if, said plaintiff: “(1) is closely related to the injury victim; (2) is present at the scene of the injury-producing event at the time it occurs and is then aware that it is causing injury to the victim; and (3) as a result suffers serious emotional distress—a reaction beyond that which would be anticipated in a disinterested witness and which is not an abnormal response to the circumstances.”

Analysis

The court applied the rule by determining that Wilks was present at the scene of the explosion and was aware that it was causing injury to her daughters. Although she did not visually witness the injuries, her immediate awareness of the explosion's impact and her actions to rescue her daughters demonstrated her contemporaneous perception of the traumatic event. The jury instruction aligned with the established legal principles regarding bystander emotional distress.

Following Krouse, we conclude it is not necessary that a plaintiff bystander actually have witnessed the infliction of injury to her child, provided that the plaintiff was at the scene of the accident and was sensorially aware, in some important way, of the accident and the necessarily inflicted injury to her child.

Conclusion

The court affirmed the trial court's judgment, allowing the mother to recover damages for emotional distress as she met the necessary criteria established in prior case law.

The judgment is affirmed.

Who won?

Plaintiffs prevailed in the case because the court found that the mother was entitled to damages for emotional distress due to her immediate awareness of the explosion's consequences.

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