Gray•Duffy Obtains Favorable Judgment in Controversial Negligence and Intentional Infliction of Emotional Distress Lawsuit

November 2013

Overview

Rene M. Faucher of Gray•Duffy’s Encino office successfully defeated a plaintiff’s two causes of action against an individual home care provider and her employer. These claims were successfully defended by the filing of a Demurrer and Motion to Strike three Motions for Summary Judgment.

Discussion

Edyln Burk-Soorani v. Robert Simon, M.D., et al. A plaintiff filed a lawsuit for the wrongful death of her mother as the result of medical malpractice against seven healthcare provider physicians and hospitals. The plaintiff also sued her two sisters, one of their husband’s physicians, and a home care provider and her employer for negligent and intentional infliction of emotional distress for preventing the plaintiff from seeing her mother in her last days of life, and for providing negligent care to the plaintiff’s mother. The negligent infliction of emotional distress claim (NIED) against the firm’s clients, the home care provider and her employer, was covered by insurance, but the intentional infliction of emotional distress claim (IIED) was not, which required the intentional claims to be disposed of first. A Demurrer and Motion to Strike the IIED cause of action was filed on behalf of the home care worker which were sustained and granted, respectively. Each of the remaining causes of action were systematically challenged by Motions for Summary Judgment first addressing the remaining IIED cause of action against the employer and then the NIED causes of action, first against the home care worker and then her employer. The Court would only consider such motions one at a time. This lawsuit was consolidated with the lawsuit brought by the plaintiff’s two sisters against a completely different group of health care providers for the wrongful death of their mother. Both lawsuits took place following contentious litigation in Probate over the estate of the mother between the sisters.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.