Fenzel v. St. Francis Hospital

Boomer and Pine, JJ.

(dissenting). We respectfully dissent. The court erred in denying defendant Dr. Barone’s motion for summary judgment dismissing plaintiffs’ complaint against him for intentional infliction of emotional distress. The cause of action stemmed from Dr. Barone’s allegedly false statements to plaintiffs, who are the husband and children of the decedent, and his failure to disclose allegedly relevant information to them. In August 1986, defendant Dr. Sperazza had *824performed a hysterectomy on decedent. During subsequent surgery on decedent in December 1986, Dr. Barone found a…