Legal Opinion
Sesma v. Cueto
California Court of Appeal
Decided February 16, 1982No. Civ. 24026PublishedCited by 24 opinions
1Opinion of the Court
Opinion
STANIFORTH, J.
Plaintiffs Dolores and Ramon Sesma (Sesmas) appeal the dismissal of their complaint for wrongful death and emotional distress based on the death at birth of their infant child.
After answer and partial discovery, defendant Jose M. Cueto, M.D., was granted summary judgment as to both parties on both causes of action.
Defendant Mercy General Hospital has answered, did not seek a summary judgment, is not a party to this appeal. Plaintiffs contend, and we agree, that several material issues of fact remain, requiring trial.
Facts
On August 26, 1978, Mrs. Sesma entered Mercy…
2Cases cited13 opinions
- Dillon v. LeggCalifornia Supreme Court · 1968
- D'AMICO v. Board of Medical ExaminersCalifornia Supreme Court · 1974
- Molien v. Kaiser Foundation HospitalsCalifornia Supreme Court · 1980
- Justus v. AtchisonCalifornia Supreme Court · 1977
- Walsh v. WalshCalifornia Supreme Court · 1941
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3Cited by24 opinions
- Burgess v. Superior CourtCalifornia Supreme Court · 1992
- Wheeler v. Yettie Kersting Memorial Hospital, Texas Court of Appeals, 1st District (Houston)1993
- Canavin v. Pacific Southwest AirlinesCalifornia Court of Appeal · 1983
- Johnson v. RogersUtah Supreme Court · 1988
- Smith v. BorelloCourt of Appeals of Maryland · 2002
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