Keys

Filed 2/23/15 Certified for publication 3/25/15 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

PHYLLIS KEYS et al., Plaintiffs and Respondents,

A140038

v. ALTA BATES SUMMIT MEDICAL (Alameda County CENTER, Super. Ct. No. RG09478812) Defendant and Appellant.

Defendant Alta Bates Summit Medical Center (Alta Bates) appeals from the portion of a judgment awarding plaintiffs Phyllis Keys and Erma Smith damages on their claims for negligent infliction of emotional distress (NIED). Defendant contends there is no evidence to support the jury’s finding that plaintiffs meaningfully comprehended the medical negligence that led to the death of their family member at the time the negligence was occurring. We disagree and affirm the judgment with respect to the emotional distress claims. Factual History Madeline Knox was the mother of plaintiff Phyllis Keys and the sister of plaintiff Erma Smith. On September 26, 2008, Keys and Smith accompanied Knox to Alta Bates where she underwent surgery on her thyroid. At approximately 6:45…