On Monday morning, the Supreme Court will file its opinion in Downey v. City of Riverside. (Briefs here; oral argument video here.) This is one that torts professors are probably anxiously awaiting.
Downey is expected to decide this question: In order to recover damages for negligent infliction of emotional distress as a bystander to an automobile accident allegedly caused by dangerous conditions on nearby properties, must the plaintiff allege that she was contemporaneously aware of the connection between the conditions of the properties and the victim’s injuries? The court granted review in July 2023. More about the case here.
This will be the second decision in the nine cases argued on the late-May calendar. It’s filing Monday even though it’s not due until August 19 and even though there are still four undecided cases from the early-May calendar with opinions expected by August 5.
Opinions in the other seven late-May cases should file by August 19, except for the opinion in Castellanos v. State of California, which, because of post-argument briefing, isn’t due until August 29. Additional argued but undecided cases are the seven on the June calendar (opinions expected by August 29).
The Downey opinion can be viewed Monday starting at 10:00 a.m.