Nature of the Case
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Facts
Rogers arrived at the emergency room complaining of abdominal pain, nausea, and vomiting. X-rays revealed Rogers suffered from pneumonia and a bowel obstruction. A doctor at St. Luke's Hospital contacted D who agreed to treat Rogers. Rogers was transferred as D's patient to Trinity Hospital. Despite being critically ill, Rogers was admitted to a room on the 'regular' floor of the hospital. Three and one-half hours later, Rogers began vomiting bodily waste and aspirating it into her lungs. Rogers ultimately died. Rogers' adult children, Ps, sued for wrongful death. Because Ps could not prove economic damages, and because the court was persuaded the remaining mental and emotional anguish claim was inseparable from the loss of consortium claim, the court dismissed the entire case and discharged the jury. The district court reconsidered and determined Ps were entitled to a new trial. The order was flawed stating that the jury should instead be allowed to consider awarding compensation for non-economic damages-such as pain, suffering, mental anguish, emotional distress or humiliation-allegedly sustained by the decedent herself, prior to her death. Ps step into Rogers' shoes' in terms of the cause of action available against Ds in this matter. Ps filed a Motion for Reconsideration of Order, arguing the district court misconstrued the wrongful death statute. The court determined children are not entitled to non-economic damages on their own behalf for the death of a parent. Ps informed the court they sought only non-economic damages resulting from Rogers' death. D moved to dismiss, and the motion was granted. Ps appealed.
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