Downey

Opinion of the Court by Kruger, J.

Since Dillon v. Legg (1968) 68 Cal.2d 728 (Dillon), California courts have recognized a plaintiff’s right to recover in negligence for serious emotional distress suffered as a result of witnessing injuries inflicted on a close relative. Recovery for negligent infliction of emotional distress is available, however, only if the plaintiff “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.” (Thing v. La Chusa (1989) 48 Cal.3d 644, 668 (Thing).) In the prototypical case, exemplified by the facts of Dillon, a parent watches as a negligent driver collides with her child. The parent, who is contemporaneously aware of both the driver’s negligent conduct and the child’s resulting injury, is permitted to sue the driver for her emotional trauma. The facts of this case require us to consider a new question about emotional distress recovery: What if the plaintiff is aware that injury has been inflicted on the victim, but not of the defendant’s role in causing the injury? Plaintiff Jayde Downey was giving driving directions to her daughter over cell phone when her daughter…