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Fuerst v. Tuccinardi2/19/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
A jury acquitted the defendant of all criminal charges for the stabbing death of his wife. The couple's four children then brought suit against their father, alleging claims for wrongful death, intentional infliction of emotional distress and negligent infliction of emotional distress. After a several week trial, involving dozens of witnesses and hundreds of exhibits, a civil jury returned a unanimous defense verdict. The children appeal, asserting numerous evidentiary, instructional and other trial errors. We affirm.
FACTS AND PROCEEDINGS BELOW
Defendant and respondent, Lorrie Tuccinardi was married to Karen Tuccinardi for 27 years. It was a second marriage for both. Lorrie had two children from a prior marriage. Karen's daughter, plaintiff and appellant, Karla Marie Fuerst, was five years old when Karen and Lorrie married. She always called Lorrie "Dad." The children of Lorrie and Karen's marriage are plaintiffs and appellants, Jason, Daniel and Jennifer Tuccinardi.
After they married Lorrie and Karen purchased a modest home in Torrance, California. As the children arrived, they added a second story to the house. Years later they purchased a second home overlooking a golf course and lake in Palm Desert. All witnesses who knew them agreed Lorrie and Karen had no history of any kind of physical violence or abuse.
Lorrie worked in his family business manufacturing wood products. His father, who had immigrated from Italy, initially made furniture. In later years Lorrie and his brothers, Philip and Louie, expanded the family business into wood bending for such items as skateboards. Karen worked for years at TRW on top-secret projects and was a much respected and valued employee.
Lorrie and Karen were very close to Karen's parents who lived nearby in Inglewood. Lorrie, Karen and their children socialized almost exclusively with Karen's parents. On two or three occasions Lorrie and Karen invited Lorrie's siblings and spouses for Thanksgiving or Christmas dinner. Otherwise, Lorrie and Karen rarely saw Lorrie's extended family socially.
Shortly after Karen's father died her mother became gravely ill. Karen stayed at her mother's home to care for her for the better part of a year. Lorrie cared for the children and cooked the meals in her absence. As often as possible Lorrie and the children went to Karen's mother's house so they could have meals together as a family.
Lorrie was devastated by his mother-in-law's death. He had considered her his best friend. Sometime thereafter, Lorrie became physically and mentally unwell. As Lorrie explained it, he felt anxious, depressed, lethargic and useless all the time. He started experiencing what he called "panic attacks." He consulted with a psychiatrist who prescribed various medications for anxiety and depression. Lorrie did not find the medication particularly useful. Some drugs were effective for only a short period. Some of the drugs left an unpleasant metallic taste in his mouth and others gave him an upset stomach. On more than one occasion, Lorrie voluntarily checked into, or attempted to check himself into, the hospital for psychiatric treatment.
Apparently, Lorrie complained regularly to his family either about how he was feeling or the problems he was having with his medications. In time, his condition an
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