What is the test for a person who causes serious emotional distress in a motor vehicle accident?
California, United States of America
The following excerpt is from People v. Iniguez, 202 Cal.Rptr.3d 237, 247 Cal.App.4th Supp. 1 (Cal. Super. 2016):
such a person had the intent to cause serious emotional distress. The requirement that a person intend to cause distress served to narrow the law (see Stark v. Superior Court (2011) 52 Cal.4th 368, 391, 128 Cal.Rptr.3d 611, 257 P.3d 41 ), rendering it inapplicable, for example, if the person acted under a mistake of fact or by accident (see 26, subds. (3), (5)).
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