It is worth noting that situations similar to those described in this wrongful death case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse and personal injury case and its proceedings.)
It was both legally foreseeable and plainly obvious that such advice and conduct would cause Mrs. White severe emotional distress because it was clear Mrs. White would never be able to care for her husband at home. Thus, a direct victim claim for NIED is both properly pleaded and legally tenable against defendant Wong.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Plaintiffs’ NIED claim also meets the requirements of a so-called “bystander” emotional distress claim. It is alleged in paragraph 53 that Mrs. White believed that the decision to discharge her husband was wrong and not in his best interests, but she acceded to the recommendation of her husband’s physician because she felt she had no choice. Thus, Mrs. White has pleaded that she experienced the wrongfulness of the defendant’s conduct and then personally witnessed the injury and damage to her husband caused by that conduct. Thus, the bystander claim has been properly pleaded.
Conclusion
Defendant continues to repeat the well-worn mantra of not enough facts as a basis for his demurrers. Plaintiffs agree that mere notice pleading (duty, breach, damages) is not permitted in certain causes of action alleging recklessness or malice, fraud and oppression. However, defendant cannot claim that the detailed First Amended Complaint does not clearly apprise him of the allegations being asserted and the claim he will be required to meet. That is all that is required of plaintiff.
The Demurrers, and all of them, to the First Amended Complaint should be overruled. In the event that the Court determines that there is any merit to defendant’s position, plaintiffs seek leave to amend to provide further allegations.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.