Wooden

Plaintiff alleged as follows: Her real property (apparently her home) abuts a public street. Plaintiff was on her property (apparently in her front yard) when defendant drove his car in a negligent manner on the adjoining street. Defendant’s car collided with a second car. The collision caused defendant’s car to be propelled, at high speed, onto plaintiff’s property “so that it appeared that [defendant’s car] would strike plaintiff.” Although plaintiff did not allege that defendant’s car actually struck her (apparently it stopped short or missed), she did allege that she “was placed in fear of being severely injured or killed by [defendant’s car].” Plaintiff further alleged that she “was injured in her health, strength, and activity, sustaining bodily injuries and shock and injury to her nervous system which has caused, and shall in the future cause her great mental and physical pain and suffering . . . .” Plaintiff did not allege any specific physical injury.

Defendant demurred. The court sustained the demurrer without leave to amend. Both the demurrer and the ruling were based on Bro v. Glaser (1994) 22 Cal.App.4th 1398 [ 27 Cal.Rptr.2d 894 ]. Bro proclaimed a new…