DeCicco v. Trinidad Area Health Ass'n

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that outrageous conduct claim could be sustained independently from wrongful death claim since “Outrageous conduct ... is a personal tort in which the misconduct of the tortfeasor caused direct injury to the person seeking recovery.”
• distinguishing derivative nature of wrongful death recovery from direct nature of outrageous conduct recovery
• if damages can only be estimated at pleading state, recovery is not to be limited to amount listed in the complaint
• jury question presented where plaintiff alleged that defendants refused ambulance service to his critically ill wife, causing her death
• error for court to reduce jury verdict even though it exceeded the amount sought in the complaint
• Jury question presented where plaintiff alleged that defendants refused ambulance service to his critically ill wife, causing her death

Source: CourtListener parenthetical corpus (CC0).