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In Molien v. Kaiser Foundation Hospitals, supra, 27 Cal.3d 916, 167 Cal.Rptr. 831, 616 P.2d 813, the California Supreme Court recognized the tort of negligent infliction of emotional distress, and adopted the standard for recovery of damages for that tort set forth in Dillon v. Legg (1968) 68 Cal.2d 728, 69 Cal.Rptr. 72, 441 P.2d 912.
The standard for recovery of damages for the tort of negligent infliction of emotional distress was modified in Erlich v. Menezes (1998) 21 Cal.4th 543, 87 Cal.Rptr.2d 886, 981 P.2d 978, in which the California Supreme Court emphasized that the Dillon "zone of danger" test for recovery of emotional distress damages is "relatively inapplicable" to claims for emotional distress arising from accidents or other negligently caused injuries.
In discussing the types of negligent conduct that will give rise to a cause of action for negligent infliction of emotional distress, the Erlich court explained that this tort claim has evolved into two categories. The first involves the "direct victim of the defendant's negligence" (Erlich, supra, 21 Cal.4th at p. 560, 87 Cal.Rptr.2d 886, 981 P.2d 978), including instances in which the defendant is alleged to have acted negligently directly toward the plaintiff, or where the plaintiff sustains an emotional injury as a result of hearing the negligent conduct of the defendant directed at or witnessed by the plaintiff. (Id. at pp. 560-561, 87 Cal.Rptr.2d 886, 981 P.2d 978.)
The California Supreme Court in Burgess expanded the reasoning of Codina, supra, 28 Cal.App.4th 457, 33 Cal.Rptr.2d 559, to the claim for negligent infliction of emotional distress based on the negligent diagnosis of a disease. In Burgess, the court held that the plaintiffs cause of action was not preempted by the statutory tort framework governing the treatment of psychiatric patients because the applicable statutes did not expressly preclude the plaintiffs claim. (Id. at p. 1070, 9 Cal.Rptr.2d 615, 831 P.2d 1197.) 42d8ba546e








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