367 S.W.3d 576
Ky.2012Background
- Appellants Tanya and Jeffrey Childers sue Dr. Sandra Geile and Marshall Emergency Services over distress after Tanya was told she miscarried, when she did not.
- Dr. Geile diagnosed fetal death based on multiple signs and conducted care during a midnight New Year’s Eve emergency room visit in 2005.
- Tanya’s distress continued after Methergine was given and ultrasound later showed a live fetus which subsequently died five days later.
- Plaintiffs originally asserted medical negligence and outrage, amended to pursue only intentional infliction of emotional distress (IIED).
- Trial court granted summary judgment on IIED; Court of Appeals affirmed; Kentucky Supreme Court granted discretionary review to resolve IIED viability when facts support traditional torts.
- Court analyzesCraft v. Rice and Rigazio v. Archdiocese of Louisville to determine when IIED is proper and whether it can be maintained alongside or instead of a traditional tort.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether IIED can be maintained where facts also support a traditional tort | Childers argue IIED based on outrageous conduct | Geile/Marshall rely on Rigazio to bar IIED if traditional tort exists | Summary judgment proper; IIED cannot stand where traditional tort dominates |
| Whether the distress periods support IIED or fall under negligence | Distress from miscarriage mischaracterized; seeks IIED | Distress tied to medical negligence, not outrageous conduct | First period (miscarriage belief) lacks requisite intent/reckless disregard; second period tied to negligence; IIED not supported |
| Effect of Rigazio admissions on SJ ruling | Supplying elements of IIED should allow recovery | Stipulations misapplied; Rigazio requires traditional tort basis | Admissions did not sustain IIED; summary judgment proper on the facts as framed |
Key Cases Cited
- Craft v. Rice, 671 S.W.2d 247 (Ky. 1984) (outlines elements of IIED and its relation to traditional torts; five-year limitations)
- Rigazio v. Archdiocese of Louisville, 853 S.W.2d 295 (Ky.App. 1993) (IIED is a gap-filler; if a traditional tort applies, OUtrage will not lie; emotional distress follows injury unless outrageous conduct aimed at distress)