WEIGEL V. LEE
752 N.W.2d 618 (N.D. 2008)
NATURE OF THE CASE: Weigel (Ps) appeal from the district court's judgment for dismissal
of their wrongful death claims against Lee (Ds) and Trinity Hospital.
FACTS: Rogers arrived at the emergency room complaining of abdominal pain, nausea and
vomiting. X-rays revealed Rogers suffered from pneumonia and a bowel obstruction. A doctor
at St. Luke's Hospital contacted D who agreed to treat Rogers. Rogers was transferred as D's
patient to Trinity Hospital. Despite being critically ill Rogers was admitted to a room on
the 'regular' floor of the hospital. Three and one-half hours later, Rogers began vomiting
bodily waste and aspirating it into her lungs. Rogers ultimately died. Rogers' adult
children, Ps, sued for wrongful death. Because Ps could not prove economic damages, and
because the court was persuaded the remaining mental and emotional anguish claim was
inseparable from the loss of consortium claim, the court dismissed the entire case and
discharged the jury. The district court reconsidered and determined Ps were entitled to a
new trial. The order was flawed stating that the jury should instead be allowed to consider
awarding compensation for non-economic damages-such as, pain, suffering, mental anguish,
emotional distress or humiliation-allegedly sustained by the decedent herself, prior to her
death. Ps step into Rogers' shoes' in terms of the cause of action available against Ds in
this matter. Ps filed a Motion for Reconsideration of Order, arguing the district court
misconstrued the wrongful death statute. The court determined children are not entitled to
non-economic damages on their own behalf for the death of a parent. Ps informed the court
they sought only non-economic damages resulting from Rogers' death. D moved to dismiss, and
the motion was granted. Ps appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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