Legal Opinion

Humana of Kentucky, Inc. v. Seitz

Kentucky Supreme Court

Decided September 27, 1990No. 88-SC-918-DGPublishedCited by 124 opinions

1Opinion of the Court

STEPHENS, Chief Justice.

The issue we decide on this appeal is whether the evidence presented by the respondent-plaintiff in this case satisfied the threshold requirements of the tort of outrageous conduct, so as to justify submitting the case to a jury. The Court of Appeals answered the question in the affirmative. We disagree with the Court of Appeals and reverse its decision.

On March 11, 1985, respondent, while a patient at movant’s hospital, gave birth to a stillborn fetus. On August 8,1985, respondent filed a suit in the Jefferson Circuit Court, claiming negligence, breach of contract,…

2Cases cited5 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Hall v. May Department Stores Co.Oregon Supreme Court · 1981
  3. Craft v. RiceKentucky Supreme Court · 1984
  4. Rockhill v. PollardOregon Supreme Court · 1971
  5. Linda Ross and Mary Wreford v. William BurnsCourt of Appeals for the Sixth Circuit · 1980

3Cited by124 opinions

  1. Judy G. Morris v. Oldham County Fiscal Court John W. Black, County Judge/executive Brent LikinsCourt of Appeals for the Sixth Circuit · 2000
  2. Tom PIERCE, Plaintiff-Appellant, v. COMMONWEALTH LIFE INSURANCE COMPANY and Capital Holding Corporation, Defendants-AppelleesCourt of Appeals for the Sixth Circuit · 1994
  3. Marla Montell v. Diversified Clinical ServicesCourt of Appeals for the Sixth Circuit · 2014
  4. Stringer v. Wal-Mart Stores, Inc.Kentucky Supreme Court · 2004
  5. Betty ROUSH, Plaintiff-Appellee, v. KFC NATIONAL MANAGEMENT COMPANY, Defendant-AppellantCourt of Appeals for the Sixth Circuit · 1994

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