In Molien v. Kaiser Foundation Hospitals, the California Supreme Court held that a plaintiff could recover for negligently inflicted emotional distress despite an absence of physical injury. This Comment first reviews the historical development of the law of negligent infliction of emotional distress. The Comment then examines the decision in Molien, its scope, and its effect upon California law. After discussing each of the elements of the Molien rule, the Comment attempts to isolate the circumstances in which the rule will permit recovery.
Darryl Wane Tang,
Molien v. Kaiser Foundation Hospitals: California Expands Liability for Negligently Inflicted Emotional Distress,
33 Hastings L.J. 291
Available at: https://repository.uchastings.edu/hastings_law_journal/vol33/iss1/6