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Torts Keyed to Dobbs
Weigel v. Lee
Facts
Darlyne Rogers died shortly after being admitted to a “regular” room in a hospital despite being critically ill. The Weigels sued Dr. Lane Lee and the hospital pursuant to the North Dakota wrongful death statute. The complaint sought damages for the Weigels’ own emotional distress and loss of consortium. The trial court dismissed the entire case, reasoning that under Butz v. World Wide, children do not have a cause of action for either loss of parental consortium or their own emotional distress damages. The North Dakota Supreme court held that the trial court erred by relying on Butz and reversed and remanded.
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