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Molien v. Kaiser Foundation Hospitals

167 Cal. Rptr. 831, 27 Cal. 3d 916, 616 P.2d 813 (1980)

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Molien v. Kaiser Foundation Hospitals

California Supreme Court

167 Cal. Rptr. 831, 27 Cal. 3d 916, 616 P.2d 813 (1980)

Facts

During a routine examination, Doctor Kilbridge (defendant), who worked for Kaiser Foundation Hospitals (defendant), misdiagnosed Valerie Molien as having syphilis, a venereal disease. The misdiagnosis was due to Kilbridge’s and Kaiser’s negligence. Predictably, the misdiagnosis caused significant marital strife between Valerie Molien and her husband Stephen Molien (plaintiff), ultimately resulting in a breakup of the marriage. Stephen Molien sued Kilbridge and Kaiser for negligent infliction of emotional distress. The trial court dismissed Stephen Molien’s case, finding that he could not recover for emotional distress because Kilbridge’s and Kaiser’s negligence did not cause Stephen Molien physical damages. Stephen Molien appealed.

Rule of Law

Issue

Holding and Reasoning (Mosk, J.)

Dissent (Clark, J.)

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