Summary of Dailey v. LaCroix, S. Ct. Mich, 1970

Limits on Duty of Care – Mental Disturbance and Resulting Injury

Relevant Facts: Df was driving down a HWY when his car left the road, traveled 63 feet in the air for 209 ft beyond the road, snapping a utility pole off.  The lines broke, and caused a great electrical explosion to pl property.  Estelle suffered from emotional disturbance, and neurosis, while Timothy suffered similarly.

Legal Issue(s): Whether a person can recover for mental disturbance caused by df’s neg. without an accompanying physical injury ?

Court’s Holding: Under certain conditions, this isn’t one of them.

Court Rationale: Although the mother happened upon the accident where her son was mortally wounded, she was not within the zone of immediacy.  When the accident occurred she was not present.  Without an accompanying physical injury or her presence when the negligent act caused the physical injury to her son, there is no recovery for mental disturbance.