What is the test for emotional distress damages in a personal injury action?

3 In this regard, it is to be noted that petitioners will not be deprived of any claim for recovery of emotional distress damages for they have alleged valid causes of action under the theory of Dillon v. Legg, supra. In short, if they can prove fault on the part of real parties, such damages will be recoverable. All that I suggest is that in fairness they should not be entitled to such damages based upon a theory which is not predicated upon the concept of fault.