Elden v. Sheldon

Supreme Court of California · 1988 · Torts

TortsNegligent Infliction of Emotional DistressLoss of ConsortiumUnmarried Cohabitantsbystander NIEDloss of consortiumunmarried cohabitantsmarriage requirement

Facts

Plaintiff was a passenger in a car driven by Linda Ebeling when an automobile accident allegedly caused by defendant Sheldon's negligence occurred. Plaintiff was seriously injured, and Ebeling was thrown from the car and died a few hours later. Plaintiff alleged that he and Ebeling were in an unmarried cohabitation relationship that was stable, significant, and parallel to a marital relationship. He sought damages for emotional distress from witnessing injury to his alleged de facto spouse and for loss of consortium.

Issue

May an unmarried cohabitant who witnesses the tortious injury and death of a partner in a relationship allegedly akin to marriage recover damages for negligent infliction of emotional distress and loss of consortium? More specifically, can such a plaintiff satisfy the close-relationship requirement for bystander emotional distress and obtain consortium damages without a legal marriage?

Rule

Although foreseeability is central under Dillon, overriding policy considerations may limit duty. For negligent infliction of emotional distress and loss of consortium, an unmarried cohabitant is not entitled to recover based on injury to a partner, even if the relationship is alleged to be stable, significant, and parallel to marriage; the law draws a bright line at legal marriage in this context.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Sacramento, Maya Rios was standing on a sidewalk when she saw a delivery van negligently strike Nina Vega, with whom Maya had lived for nine years. Maya and Nina shared a home, pooled income, wore commitment rings, and were raising Nina's child together, but they had never married.

If Maya sues the driver in California for bystander negligent infliction of emotional distress, what is the most likely result?

Explanation. The majority held that even if emotional injury to an unmarried cohabitant is foreseeable under Dillon-style factors, overriding policy considerations bar recovery. California draws a bright line at legal marriage for bystander emotional distress claims based on injury to a partner. A court will not recognize a de facto marriage theory for this purpose.