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Escalante v. Koerner8/10/2000
ain about the handling of the remains of Twin B by signing the release.
Nor does the Texas Supreme Court's opinion in Edinburg Hospital v. Trevino preclude Ramona from recovering on a claim for intentional infliction of emotional distress arising from Dr. Koerner's responses to the Escalantes' requests for the remains of Twin B. Edinburg Hospital held that the Texas wrongful death statute did not provide standing for parents to sue as the survivors of a demised fetus. Edinburg Hosp., 941 S.W.2d at 79. Furthermore, the hospital owed no duty to a fetus that was never born alive. Id. Finally, the mother could not sue as a "bystander" to her own personal injuries. Id. None of these barriers are present for Ramona's claim for intentional infliction of emotional distress. Ramona is a living adult, suing for her own injury in the form of emotional distress, alleging tortious conduct directed at her.
We hold that the trial court erred in directing a verdict against Ramona on her claim for intentional infliction of emotional distress against Dr. Koerner arising from his responses to the Escalantes' requests for the remains of Twin B.
Conclusion
We affirm the trial court's judgment directing a verdict that the Escalantes take nothing on all claims against Dr. Shawn Marie Strain, Dr. Raymond Lewandowski, and against the Center for Genetic Services, and on all claims against Dr. James Koerner except for Ramona's claim against Dr. Koerner for intentional infliction of emotional distress. We reverse the trial court's judgment on Ramona's claim against Dr. Koerner for intentional infliction of emotional distress arising from his responses to the Escalantes' requests for the remains of Twin B, and remand this case to the trial court for further proceedings on that cause of action only.
Publish. Tex. R. App. P. 47.3.
Opinion delivered and filed this the 10th day of August, 2000.
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