Capelouto v. Kaiser Foundation Hospitals

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• \Dillon makes clear that a parent may recover for witnessing a child's distress only if the parent suffers actual physical injury.\
• new trial properly limited to damages where ample evidence supported liability, and inadequacy of the verdict was probably due to erroneous jury instruction
• “Dillon makes clear that a parent may recover for witnessing a child’s distress only if the parent suffers actual physical injury.”
• instruction to jury precluding an award of damages for pain and suffering was both erroneous and prejudicial, requiring order of a limited new trial on issue of damages
• “... the unitary concept of “pain and suffering” has served as a convenient label under which a plaintiff may recover not only for physical pain but for fright, nervousness, grief, anxiety, worry, mortification, shock, humiliation, indignity, embarrassment, apprehension, terror or ordeal.”

Source: CourtListener parenthetical corpus (CC0).