Fraizer

Fraizer v. Velkura

Good Law
110 Cal. Rptr. 2d 918·2001 Cal. App. LEXIS 660·2001 Daily Journal DAR 9021·91 Cal. App. 4th 942·2001 Cal. Daily Op. Serv. 7358
Court of Appeal of CaliforniaAugust 22, 2001B142396California1,441 words

Opinion

Opinion

Lillie, J.

Dixie Jane Fraizer (Fraizer) appeals from judgment entered following order granting summary judgment in favor of defendant Hymavathi Velkura, M.D. (Velkura). She contends the trial court erroneously granted summary judgment in that she had standing to assert the claim for the wrongful death of her granddaughter.

Statement of Facts and Procedural History

Julia Marie Fraizer-Calderon (Fraizer-Calderon) was born on June 7, 1994, with a serious congenital neurological disorder, hydranencephaly, and congenital blindness due to bilateral optic nerve hypoplasia. She was freed for adoption by the Los Angeles Superior Court on January 21, 1997, as a result of the permanent termination of parental rights. Fraizer was the grandmother and guardian of the minor child, and was just weeks away from the finalization of adoption proceedings through the Los Angeles County Department of Children and Family Services (the Department) when FraizerCalderon died on January 13, 1998.

On January 12, 1999, Fraizer filed in superior court a complaint for damages against Velkura for the wrongful death of Fraizer-Calderon, medical negligence and fraud. Velkura filed a motion for summary judgment…

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