Currier
Currier v. County of San Diego
Opinion
Lead Opinion
Griffin, J.
Plaintiff-appellant, Donald L. Currier, brought this action against defendants-respondents, County of San Diego, A. E. Gallagher individually and as Coroner, James T. Weston individually and as Chief Pathologist of the Coroner’s Office, Benjamin T. Williams individually and as Autopsy Surgeon of the Coroner’s Office of San Diego County. Three causes of action are alleged. The first alleges generally that plaintiff was the husband of one Patricia Jean Currier, deceased, who died September 13, 1960, and that plaintiff was also the father of a stillborn fetus which was within the body of said decedent at the time of her death. It further alleges that in the performance of an autopsy on the *596 body of the decedent, the stillborn fetus was removed by the defendants. The gravamen of the first cause of action is that the defendants conspired together and did willfully and maliciously conceal the fact of removal of the fetus from the decedent, and failed to inform plaintiff of the act of removal, and willfully failed to file a fetal death certificate; that as a proximate result of said conspiracy and willful and malicious acts, plaintiff was prevented from giving the fetus a Christian…