Claudia Lajean Whalley v. Chester Y. Sakura, Jr., M.D.

HOLLOWAY, Chief Judge.

In this diversity action, plaintiff-appellant Whalley allegedly suffered psychological injury and mental anguish as a result of defendant Dr. Sakura’s negligent care following breast reconstruction surgery in 1981. 1 The trial court directed a verdict in favor of the defendant on this claim, relying on the absence of any negligently-inflicted physical injuries. In light of intervening decisions of the Supreme Court of New Mexico, we conclude that we must reverse.

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In 1974 plaintiff was diagnosed as suffering from cancer of the right breast. Later that year, she underwent…