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BIRD v. SAENZ

No. S095474.

123 Cal.Rptr.2d 465 (2002)

28 Cal.4th 910

51 P.3d 324

Janice BIRD et al., Plaintiffs and Appellants, v. Rolando SAENZ et al., Defendants and Respondents.

Supreme Court of California.

August 12, 2002.

Attorney(s) appearing for the Case

Steven G. Cohn, Sacramento, for Plaintiffs and Appellants.

Schmid & Voiles, Susan H. Schmid, Suzanne De Rosa; Thelen Reid & Priest, Curtis A. Cole and Kenneth R. Pedroza, Los Angeles, for Defendants and Respondents Rolando Saenz and David M. Fung.

Bonne, Bridges, Mueller, O'Keefe & Nichols, David J. O'Keefe, Patricia Egan Daehnke, Los Angeles, Michael A. Gregg, Mark B. Connely, San Luis Obispo, and Vangi J. Johnson for Defendant and Respondent Scott M. Eisenkop.

Horvitz & Levy, H. Thomas Watson and David S. Ettinger, Encino, for California Medical Association, California Dental Association and California Healthcare Association as Amici Curiae on behalf of Defendants and Respondents.

Fred J. Hiestand for the Civil Justice Association of California as Amicus Curiae on behalf of Defendants and Respondents.

WERDEGAR, J.

We granted review to consider whether plaintiffs have viable claims as bystanders for negligent infliction of emotional distress arising out of alleged medical malpractice directed to their close relative. We conclude they do not.

I. FACTS AND PROCEDURAL BACKGROUND

This is an action for wrongful death and negligent infliction of emotional distress (NIED) based on medical malpractice. Plaintiffs are the adult daughters of decedent Nita...

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