Goodwin

Plaintiffs Norman Goodwin and Joann Goodwin sued defendant Lawrence M. Reilley for the negligent infliction of emotional distress resulting from injuries suffered by their son and caused by defendant’s driving while intoxicated. Defendant’s demurrer to the first amended complaint was sustained without leave to amend and the action was dismissed. Plaintiffs appeal. The question presented is whether a tortfeasor who injures a third party as the result of driving under the influence of alcohol is liable to the third party’s parents for their emotional distress when the parents were not percipient witnesses to the accident.

The facts as set forth in the first amended complaint and plaintiffs’ accompanying declaration show that on May 30, 1983, plaintiffs’ son Dwight was struck and seriously injured when defendant’s motorcycle crossed the center line and collided with Dwight’s motorcycle. At 8 the next morning, May 31, 1983, plaintiffs received a telephone call from the St. Helena Hospital informing them of Dwight’s accident and that he had suffered a broken leg and broken arm. Plaintiffs drove from their home in San Diego to Watsonville, where they spent the night with their…