Martin by and Through Martin v. United States

ORDER RE MOTION FOR SUMMARY JUDGMENT; APPLICABILITY OF CALIFORNIA CIVIL CODE §§ 1431.1-1431.5 (Proposition 51)

I. INTRODUCTION

This lawsuit raises two important issues of California law. First, under Dillon v. Legg, 68 Cal.2d 728 , 69 Cal.Rptr. 72 , 441 P.2d 912 (1968) and its progeny, can family members recover against a day care center for emotional distress suffered after learning that a six-year old family member was abducted and raped while under the cen ter’s negligent supervision. Recent decisions of the California courts have refined and limited the standards for recovery for negligent infliction of emotional distress. This Court is asked to apply these standards to adjudicate claims in this case.

Second, the Court is asked to decide if Proposition 51, the so-called “Deep Pocket” initiative passed by the California electorate in 1986, requires a proportionately low assessment of damages against the government by requiring a comparison of its negligent conduct with the intentional conduct of the kidnapper and rapist. This appears to be a matter of first impression.

II. BACKGROUND

This lawsuit arises from an incident involving Jennifer Martin, a six-year old girl, who…