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Huggins v. Longs Drug Stores California, Inc.

Supreme Court of California
862 P.2d 148 (1993)


Barbie and Robert Huggins (plaintiffs) went to Longs Drug Stores California, Inc. (Pharmacy) (defendant) to fill a prescription for their two-month-old son. The Pharmacy wrote out a prescription for five times the dosage ordered by the Hugginses’ doctor. The Hugginses brought a claim against the Pharmacy, claiming negligent infliction of emotional distress based on the injury that the incorrect dosage had caused to their son. The court of appeal rejected the Hugginses’ bystander theory of recovery because the Hugginses had not actually witnessed their son suffering, but allowed the Hugginses’ claim as direct victims of the Pharmacy’s negligence to proceed. The Pharmacy appealed the decision.

Rule of Law


Holding and Reasoning (Baxter, J.)

Dissent (Kennard, J.)

Dissent (Mosk, J.)

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