Legal Question in Civil Litigation in California

Re: can i sue ?

Of course. Make a claim, and hope he has insurance.

Re: can i sue ?

Of course you can sue. In fact, you can sue someone if you do not like their face. The real question is, is there compensable liability stemming from the acts of the defendant?

In your mother's case, she may have a compensable injury as a result of the car crashing into the backyard, causing her emotional distress. But the next question is, what is the nature and extent of her damages? This would be determined by a psychologist.

With all the above said, these type of cases are very difficult to win, but it is possible.

Good luck.

Re: can i sue ?

I would suggest your mother receive professional assistance for the trauma. She then could sue for reasonable medical costs plus pain and suffering.

Also, if there was damage to the house that caused you loss of use, you might be able to receive compensation for that.

It might be more efficient, once your mother receives some treatment, to have a lawyer review the facts of the matter with you and your mother and then make a demand for compensation.

Re: can i sue ?

No. There are two types of suits for emotional distress. The first type is known as intentional infliction of emotional distress. In this tort, you would have to prove that there was actual intent to inflict the emotional distress. This critical element is missing from your situation.

The second type of tort is known as negligent infliction of emotional distress. It involves bystanders who are emotionally traumatized by observing the negligent injury of one of their loved ones. In the landmark case of Thing v. LaChusa, the California Supreme Court limited recovery of damages for negligent infliction of emotional distress to family members who witnessed a family member injured in an accident. (Thing v. La Chusa (1989) 48 Cal.3d 644.)

Your back yard does not count as your family member.

Many attorneys in the State of California confuse negligent infliction of emotional distress with the normal trauma suffered by the victim of a personal injury caused by negligence. . �[The] negligent causing of emotional distress is not an independent tort but the tort of negligence ...." (Marlene F. v. Affiliated Psychiatric Medical Clinic, Inc. (1989) 48 Cal. 3d 583, 589.)

Since your mother was not struck by the vehicle, she has no claim, and any lawsuit you filed would be subject to demurrer, and your attorney would most likely be sanctioned.

Very truly yours,