Baylor

MEMORANDUM **

Vickie Baylor appeals the summary judgment entered in favor of Icicle Sea-foods, Inc. We affirm.

Baylor’s arguments for compensatory damages for pain and suffering fail because she produced insufficient evidence to raise a triable issue of fact. Celotex Corp. v. Catrett, All U.S. 317, 323-24, 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986) (noting that the nonmoving party cannot rely on its pleadings, but must submit evidence showing that there is a genuine issue for trial). She produced no evidence at all that financial hardship impacted her mental state. While Dr. Peterson did say that delay would likely cause a negative effect on Baylor’s prognosis, his view was unsubstantiated and he admitted that he couldn’t prove it.

Baylor also contends that the district court ignored her contention that delay prolonged her pain and suffering and that prolongation is compensable. We do not need to decide whether or under what circumstances pain and suffering caused by delay is compensable, because we disagree that the district court erred. Both the theory Baylor pled, and the responses she gave in discovery, focus on aggravation of the underlying condition caused by delay. Cf.…