Weymers v. Khera

I agree with the analysis of the dissent that would recognize a cause of action for the loss of an opportunity to avoid physical harm less than death. However, I also dissent from part n of the majority opinion, which holds that the trial court did not abuse its discretion in denying plaintiffs motion to amend the complaint. The Court of Appeals reversed the trial court on this issue, holding that it abused its discretion in denying the plaintiffs motion to amend her complaint to add an allegation of physical and mental pain and suffering from the aggravation of the pulmonary pathology.

As the…