California Court of Appeal

In a wife's cross-action against respondent-physician who attended wife's deceased husband before the latter died after suffering brain damage in an automobile accident, dismissal of wife's cross-action pursuant to demurrers is affirmed where: 1) causes of action for negligence/willful misconduct and elder abuse failed to allege facts describing the injury suffered or the acts or omissions negligently performed, or showing how the acts or omissions were the proximate cause of the injury; 2) one intentional infliction of emotional distress (IIED) cause of action failed as it failed to allege a compensable injury; and 3) another IIED claim failed to allege facts constituting outrageous conduct on the part of respondent.

Appellate Information

• Decided 06/22/2007
• Published 06/22/2007

Judges

• MANELLA, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Balisok & Associates, Russell S. Balisok and Steven C. Wilheim, Glendale, for Cross-complainants and Appellants.


• For Appellees:
  
• LaFollette, Johnson, DeHaas, Fesler & Ames, Christopher P. Wend and David J. Ozeran, Los Angeles, for Cross-defendant and Respondent.