Nature of the Case
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Facts
Daniel was the eighteen-year-old son of P. Daniel was admitted into D with a severely injured right hand. He underwent surgery and lapsed into a coma during the post-operative recovery period. He remained in a coma for ten days. When he awoke, he was a severely brain-damaged quadriplegic who will need extensive care for the rest of his life. Ps were present at the hospital and observed their son's condition both before and after he awoke from the coma. Ps sued and alleged they should be permitted recovery under the theories of negligent infliction of emotional distress and loss of filial consortium. The trial court dismissed these claims on the grounds that Utah does not allow recovery for loss of filial consortium and that Utah does not allow recovery for negligent infliction of emotional distress when the plaintiffs do not claim that they were within the zone of danger created by the defendants' negligence.
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