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Nevels v. Yeager

Court of Appeal of California
Jan 1, 1984
152 Cal.App.3d 162 (Cal. Ct. App. 1984)
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Summary

In Nevels v. Yeager, 152 Cal.App.3d 162, 199 Cal. Rptr. 300, 305 (1984), the court noted that the Dillon majority rejected the claim that a meritorious cause of action should go unrecognized for fear of opening the "floodgates of litigation," and added that the Dillon guidelines had become "requirements" in Madigan. It held that such rigidity was antithetical to its interpretation of Dillon and to its concept of foreseeability.

Summary of this case from Tommy's Elbow Room, Inc. v. Kavorkian
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Opinion

1984.

HEARING GRANTED

Summaries of

Nevels v. Yeager

Court of Appeal of California
Jan 1, 1984
152 Cal.App.3d 162 (Cal. Ct. App. 1984)

In Nevels v. Yeager, 152 Cal.App.3d 162, 199 Cal. Rptr. 300, 305 (1984), the court noted that the Dillon majority rejected the claim that a meritorious cause of action should go unrecognized for fear of opening the "floodgates of litigation," and added that the Dillon guidelines had become "requirements" in Madigan. It held that such rigidity was antithetical to its interpretation of Dillon and to its concept of foreseeability.

Summary of this case from Tommy's Elbow Room, Inc. v. Kavorkian

In Nevels, where the appellant was near the scene of the accident involving her child, and where her perception of the accident was substantially contemporaneous, the court ruled that it could not be said as a matter of law that her appearance at the scene would not be foreseeable.

Summary of this case from Tommy's Elbow Room, Inc. v. Kavorkian
Case details for

Nevels v. Yeager

Case Details

Full title:Nevels v. Yeager

Court:Court of Appeal of California

Date published: Jan 1, 1984

Citations

152 Cal.App.3d 162 (Cal. Ct. App. 1984)

Citing Cases

Tommy's Elbow Room, Inc. v. Kavorkian

The Madigan approach is not faithful to the Dillon progeny and has been rejected in a more recent California…

1 Citing Cases