Nazaroff v. Superior Court

In Nazaroff v. Superior Court (1978) 80 Cal.App.3d 553, a mother was looking for her three-year-old son and was speaking to a neighbor about her son's whereabouts. She heard a different neighbor scream, "It's Danny," and immediately had the dreadful knowledge that Danny had somehow gotten into a neighbor's swimming pool and that he was hurt. She was approximately 30 feet from the entrance to the pool area when she heard the scream. She ran toward the pool and saw her son being pulled from the pool; he was partly in and partly out. Three days later the boy died. On evidence conflicting as to the time and circumstances of the mother's arrival at the pool, the court found a triable issue of fact, concluding that "We cannot say as a matter of law that the injuries resulting from defendants' negligence were not still being experienced at the time the mother first observed her son." ( Id., at p. 567.)