Kately

The Case

In this wrongful death action, each of the users of the boat which caused the death of plaintiffs’ daughter in a water-skiing accident filed cross-com plaints. This is an appeal from the judgments of dismissal after demurrers were sustained to the cross-complaints without leave to amend. It requires us to construe the third guideline articulated in Dillon v. Legg (1968) 68 Cal.2d 728 [ 69 Cal.Rptr. 72 , 441 P.2d 912 , 29 A.L.R.3d 1316 ], governing foreseeability of emotional trauma through sensory perception of physical injury negligently inflicted upon another, i.e., that the plaintiff and the victim be closely related. It also concerns the right of the user of a defective product to recover damages for emotional trauma which the user sustains through sensory perception of injury to another caused by the defect in the product he is using.

We conclude that where, as here, the relationship is not a family relationship but one akin to a family relationship because of friendship and past associations, the relationship guideline is not satisfied. However, we con- elude that where, as here, the complainants are using a defective product for the purpose and in the…