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Hypos

Hypos - 2. 4. MD erroneously tells P she has cancer.5. Mother watches son's neglect in hospital.6. Hospital erroneously tells P that her child is dead?7. Two days after delivery, pediatrician drops infant in mother's presence.8.

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Hypos

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    1. Hypos 1. Mom sees dog enter yard, overcomes her fear of dogs and chases the dog away before it can hurt child? 2. Husband receives cell call from wife, who is driving, home. Hears her shout, “Oh my God, a truck is in my lane”. 3. MD negligently discloses confidential information about P to P’s employer. Sees Dog, Chases away? NOW no injury-producing event! But maybe she is a DIRECT VICTIM (like Bass) at least if fear is for self.. Then (1) F and (2) phys symptoms or md/ms. Sees Dog, Chases away? NOW no injury-producing event! But maybe she is a DIRECT VICTIM (like Bass) at least if fear is for self.. Then (1) F and (2) phys symptoms or md/ms.

    2. Hypos - 2 4. MD erroneously tells P she has cancer. 5. Mother watches son’s neglect in hospital. 6. Hospital erroneously tells P that her child is dead? 7. Two days after delivery, pediatrician drops infant in mother’s presence. 8. “Suppressed memory” disputes. 5. Ochoa = bystander (360) (jail). 7. Bystander now. [probably even if OB bc “pre” not applicable now?] zone loses, so need to be in D/T state. 8. Suppressed memory. Therapist allegedly plants the idea that father molested daughter.\ Illinois, ct said no duty to father (364). [not F?] 700ne2 1018 (1998) Bystander or direct? Bystander bc conduct not directed to him. Direct bc he suffers for himself and not at injury to daughter. F? phys? SEE ALSO DEFAMATION.5. Ochoa = bystander (360) (jail). 7. Bystander now. [probably even if OB bc “pre” not applicable now?] zone loses, so need to be in D/T state. 8. Suppressed memory. Therapist allegedly plants the idea that father molested daughter.\ Illinois, ct said no duty to father (364). [not F?] 700ne2 1018 (1998) Bystander or direct? Bystander bc conduct not directed to him. Direct bc he suffers for himself and not at injury to daughter. F? phys? SEE ALSO DEFAMATION.

    3. Suppressed memory Bystander bc negligence communication is directed toward daughter, not P (father) Direct bc emotional distress is caused by wrong done to P (father), not harm to daughter. Better characterization? Probably direct (he’s the one slandered) See also “ defamation” claim.

    4. More special duties

    5. Loss of consortium Another line-drawing dilemma Old common law bright line What exactly is loss of consortium? How different from bystander claim? Note: c-fault of primary victim

    6. Attempts to expand the action: Feliciano v. Roseman Silver Co (418) Borer v. AA (419) What recovery for the parents if a child is killed by D’s negligence? What implications does that have for loss of consortium claims by children?

    7. Where should we draw the line? Spouses children significant monogamous relationships All foreseeably injured persons such as all family, all close friends known to defendant, etc.

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