Larsen v. Banner Health System

81 P.3d 196 (2003)

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Nature of the Case

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Facts

At 3:07 a.m. on April 8, 1958, Morgan gave birth to a baby girl, Debra, at Campbell County Memorial Hospital. Shortly thereafter, Polly Leyva gave birth to a baby girl named Shirley. The hospital staff switched Shirley and Debra in those early morning hours when the respective mothers were unconscious. When the mothers regained consciousness, Debra went home with Polly Leyva, and Shirley went home with Jean Morgan. Shirley 'Morgan' grew up in the Morgan home. However, she did not look like the other Morgan children due to a darker skin coloration. Because Shirley had a darker complexion, James Morgan, the 'father,' openly and frequently asserted that Shirley was not his child. The complaint alleges that due to James' mistrust, Shirley was ostracized and 'terribly mistreated' by James Morgan and the Morgan siblings. On April 3, 2001, a DNA test was performed to resolve the lingering doubts that James Morgan harbored about his wife's infidelity. The test established that James Morgan was not Shirley's father. A subsequent test performed on May 3, 2001, revealed that Jean Morgan was not Shirley's mother. Shirley began searching for her biological mother. She was able to determine that only two children were born at that hospital on that day. She subsequently contacted Debra with the shocking news. On October 4, 2001, Debra called Polly Leyva and informed her of the disturbing revelation. Shortly after this phone call, Shirley introduced herself to Polly as her biological daughter. Unfortunately, Shirley's real father died several years ago. Plaintiffs in this action are Shirley Larsen (f/k/a Shirley Morgan) and Polly Leyva. Ps brought a negligence claim against D. The complaint only alleges damages for 'great emotional pain, humiliation, anxiety, grief, and the expenses for psychological counseling. D filed a motion to dismiss arguing that 'there is no cause of action recognized in Wyoming for mere negligence which results only in alleged emotional injury.' The issue presented by the certified question is: Whether a mother and daughter, who were separated for forty-three years because a hospital switched two newborn babies at birth, can maintain a negligence action in which the only alleged damages are great emotional pain, humiliation, anxiety, grief, and expenses for psychological counseling?