[Download] "Adam v. City of Fremont" by California Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Adam v. City of Fremont
- Author : California Court of Appeals
- Release Date : January 03, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 135 KB
Description
Appellants City of Fremont and Fremont Police Sergeant Steven Osawa appeal from a jury verdict awarding Patrick Adamss surviving spouse and stepdaughter approximately $4 million in this action for wrongful death and negligent infliction of emotional distress. The jury found that City of Fremont police officers negligently handled an emergency situation in which Patrick was fatally injured after threatening to commit suicide and refusing to surrender his loaded firearm to police officers. Appellants contend the verdict must be reversed as a matter of law on two major grounds: (1) appellants owed no legal duty of care to Patrick or his family; and (2) appellants were immune from liability under Government Code section 820.2. Appellants also contend the jurys findings were not supported by substantial evidence and that respondents were not entitled to damages for negligent infliction of emotional distress under a "bystander" theory as a matter of law.