Lisa M. v. Henry Mayo Newhall Memorial Hospita

907 P.2d 358 (1995)

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Nature of the Case

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Facts

P was 19 years old and pregnant. She was injured in a fall at a movie theater and sought treatment at Hospital's emergency room. An ultrasound technician, Bruce Wayne Tripoli, performed obstetrical and upper-right-quadrant ultrasonic imaging examinations. Tripoli took P to the ultrasound room on a gurney. She remained in her street clothes, shorts, and a maternity top. No one else was present during the examination. P asked for her boyfriend to be present, but that was refused. P pulled up her shirt and pushed her shorts down to expose the area to be examined. The examination required passing an ultrasound-generating wand across P's lower abdomen. The sound waves are mediated by a gel, which Tripoli testified must be worked into the skin somewhat to displace all the air. Tripoli testified that he had to pass the wand as much as an inch below the pubic hairline. Tripoli also had to lift P's right breast, which he did through a towel with the back of his hand. Tripoli left the room f to develop the photographic results. On returning, Tripoli asked P if she wanted to know the sex of the baby, and she said she did. He told P he needed to scan 'much further down,' and it would be uncomfortable. Tripoli pulled P's shorts down and began to scan in her pubic hair. He also inserted the wand in her vagina. He then put down the wand and fondled P with his fingers. While fondling P, Tripoli said he needed to excite her to get a good view of the baby. Tripoli eventually stopped molesting plaintiff and returned her to the emergency room. P thought that the acts were part of a 'regular procedure,' albeit 'kind of weird.' She found out the truth when she talked to her regular obstetrician. Tripoli was criminally prosecuted and pleaded no contest to a felony charge arising out of his molestation of P. P sued Tripoli, D, and others for professional negligence, battery and intentional and negligent infliction of emotional harm. The trial court granted D summary judgment. P appealed. The Court of appeals reversed. D appealed.