Zavala

Plaintiff Diana Zavala appeals from a summary judgment in favor of defendant Jorge Arce, M.D. (Dr. Arce), her former obstetrician, on her first amended complaint for damages arising from the in útero death of her baby almost three weeks after the delivery due date. Zavala’s amended complaint alleged three causes of action, named the father of the child (Gabriel Valdez) as a coplaintiff, and suggested in the title of the pleading that she was suing for wrongful death. However, Zavala’s appellate briefs clarify Valdez is not a party to this appeal, she is not suing for wrongful death damages, and her appeal is only directed to the dismissal of her own claim for emotional distress damages based on a “direct victim” theory of liability.

Zavala appeals, contending the summary judgment in favor of Dr. Arce should be reversed because the cotut erred in ruling as a matter of law she had not stated, and could not state a claim for “direct victim” emotional distress damages. We thus address the issue whether a mother can recover monetary damages under a “direct victim” theory of liability for emotional distress she has suffered as a result of the in útero death of her postterm…