In
the case of Murga v. Lehigh Valley
Physicians Group, No. 2016-C-1691 (C.P. Leh. Co. Nov. 26, 2018 Johnson, J.), the
court found that the Defendants were not entitled to summary judgment on the
Plaintiff’s claim for negligent infliction of emotional distress because the
Plaintiff sought relief under multiple plausible theories and given that the
case for summary judgment was not free and clear from doubt.
In
this matter, the Plaintiff alleged a medical malpractice claim against the
Defendants for negligent infliction of emotional distress in connection with a
miscarriage that the Plaintiff had suffered.
The
Defendants moved for a partial summary judgment, arguing that the Plaintiff’s
negligent infliction of emotional distress claim failed because her alleged
emotional injuries were not foreseeable and given that the Plaintiff allegedly
did not observe a discrete traumatic event contemporaneously with the
Defendants’ alleged negligence. The
Defendants also argued that a buffer of time and space existed in connection
with the Plaintiff’s miscarriage and the delivery of her deceased fetus.
In
response, the Plaintiff argued that her claim for negligent infliction of
emotional distress was appropriate under multiple theories of recovery,
including a duty of care arising from a special relationship, under the
physical impact theory, as well as under the bystander theory.
The
court denied summary judgment finding that it was not free and clear from doubt
that the Defendants were entitled to the same.
The court cited to numerous Pennsylvania cases which permitted recovery
for negligent infliction of emotional distress under the various theories
asserted by the Plaintiff under similar circumstances.
As such, the Motion for Partial Summary Judgment filed by the Defendants was denied.
As such, the Motion for Partial Summary Judgment filed by the Defendants was denied.
Source:
“Digest of Recent Opinions.” Pennsylvania Law Weekly (Feb. 26,
2019).
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