Giuliani v. Guiler

951 S.W.2d 318 (1997)

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Nature of the Case

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Facts

Mary Giuliani died at age 33 during the birth of her fourth child. Guiler (D) was the doctor and was not present during the delivery. After seeing Mary at 6 p.m., D decided that he was not needed and left for dinner at the home of a friend. Problems developed and the nurses tried to reach D but failed. Another doctor attempted to aid Mary, but she suffered a cardiac and respiratory collapse shortly after the birth of the child. Mary died, but the child survived. She had three other children ages 9, 7, and 3. The father (P) filed a claim for wrongful death and his own claim for loss of consortium and a claim for loss of consortium for each of the four minor children. The trial court dismissed the claim for loss of consortium for the three minor children. The Court of Appeals affirmed.