Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this medical negligence case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
These allegations have nothing to do with the claim by plaintiff Gillian Smith for negligence. Gillian Smith is seeking to recover damages for the loss of her daughter’s consortium. Recovery of such damages is precluded by Baxter v. Superior Court (1977) 19 Cal.3d 461. If plaintiff Gillian Smith is trying to recover damages for negligent infliction of emotional distress as a bystander witness of the injuries allegedly suffered by her daughter, she has not alleged any facts showing that she had a contemporaneous awareness of any injury at the time it was occurring as required under Thing v. LaChusa (1989) 48 Cal.3d 644, 667-668 and Bird v. Saenz (2002) 28 Cal.4th 910, 920-921.
It is not clear from the opposition to the motion to strike what position Gillian Smith is taking. The opposition states that the first and second causes of action are properly pled and that, therefore, the motion to strike should be denied. However, the motion to strike is not directed at either the first or second causes of action, it is limited to certain allegations set forth in paragraph 12 regarding Gillian Smith allegedly exposing her family, including her daughter, plaintiff Natalie Smith, to the allegedly contagious infectious disease. Gillian Smith cannot recover for loss of her daughter’s consortium or for negligent infliction of emotional distress as a bystander witness. The motion to strike should be granted.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
GILLIAN SMITH CANNOT RECOVER FOR ANY ALLEGED LOSS OF HER DAUGHTER’S CONSORTIUM
It appears thatGillian Smith is attempting to recover damages she allegedly suffered because her daughter became infected. This appears to be a loss of consortium claim. It is well-settled that a parent cannot recover damages for the loss of a child’s consortium. (Baxter v. Superior Court, supra, 19 Cal.3d 461.) The motion to strike should be granted. (See Part 3 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.