California Court of Appeal

Defendant medical center appeals from the portion of a judgment awarding plaintiffs damages on their claims for negligent infliction of emotional distress (NIED). Defendant contends that there is no evidence to support the jury's finding that plaintiffs meaningfully comprehended the medical negligence that led to the death of their family member at the time the negligence was occurring. The judgment is affirmed with respect to the emotional distress claims, where: 1) a reasonable inference can be drawn from the evidence that plaintiffs were present and observed their family member's acute respiratory distress and were aware that defendants' inadequate response caused their family member's death; and 2) plaintiffs' testimony provides sufficient proof of serious emotional distress.

Appellate Information

• Decided 03/25/2015
• Published 03/25/2015

Judges

• Siggins

Court

• California Court of Appeal

Counsel