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McLoughlin v. O'Brian

[1982] 2 All ER 298

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McLoughlin v. O'Brian

House of Lords

[1982] 2 All ER 298

Facts

A wife and mother of three (plaintiff) suffered nervous shock after learning that her husband and children had been in a car accident. The wife rushed to the hospital, where she saw her husband and two of her children severely injured and covered in blood and grime and was informed that her youngest child had died in the crash. The wife thereafter sued for damages for the nervous shock she suffered. The trial court dismissed the wife’s claim after finding no duty was owed to her. The court of appeal affirmed, and the wife appealed.

Rule of Law

Issue

Holding and Reasoning (Lord Wilberforce, J.)

Concurrence (Lord Bridge of Harwich, J.)

Concurrence (Lord Russell of Killowen, J.)

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