California, United States of America
The following excerpt is from Kately v. Wilkinson, 148 Cal.App.3d 576, 195 Cal.Rptr. 902 (Cal. App. 1983):
In the instant case we are concerned only with the third factor articulated in Dillon v. Legg, supra, 68 Cal.2d 728, 69 Cal.Rptr. 72, 441 P.2d 912 since the first two are clearly satisfied by the allegations of the cross-complaint. Nevertheless, we receive guidance in applying the third factor by considering the multitude of cases construing the second factor, i.e., whether the shock resulted from a direct emotional impact upon the complainant from the sensory and contemporaneous observance of the accident.
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