3d 916 (1980), was a case decided by the Supreme Court of California that first recognized that a "direct victim" of negligence can recover damages for emotional distress without an accompanying physical injury.

[1] A doctor employed by the defendant hospital incorrectly diagnosed a patient as having syphilis.

When it was determined that the diagnosis was incorrect, the husband brought an action against the hospital for negligent infliction of emotional distress.

The court ruled that the risk of harm to the husband of the patient from a misdiagnosis was reasonably foreseeable, and that the tortious conduct was directed at the patient and her husband.

As a "direct victim," the strict criteria for negligent infliction of emotional distress need not be fulfilled.