BOUCHER V. DIXIE MEDICAL CENTER
850 P.2d 1179 (1992)
NATURE OF THE CASE: Boucher (P), parents, appealed from the decision of the District
Court, which dismissed their claims against Dixie (D), doctors, for negligent infliction of
emotional distress and loss of filial consortium in relation to injuries sustained by P son
following surgery.
FACTS: Daniel was the eighteen-year-old son of P. Daniel was admitted into D with a
severely injured right hand. He underwent surgery and lapsed into a coma during the
post-operative recovery period. He remained in a coma for ten days. When he awoke, he was a
severely brain-damaged quadriplegic who will need extensive care for the rest of his life.
Ps were present at the hospital and observed their son's condition both before and after he
awoke from the coma. Ps sued and alleged they should be permitted recovery under the
theories of negligent infliction of emotional distress and loss of filial consortium. The
trial court dismissed these claims on the grounds that Utah does not allow recovery for loss
of filial consortium and that Utah does not allow recovery for negligent infliction of
emotional distress when the plaintiffs do not claim that they were within the zone of danger
created by the defendants' negligence.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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