McNeal v. Northwest Iowa Hospital Corp.
McNeal v. Northwest Iowa Hospital Corp.
Opinion of the Court
The McNeals appeal from the district court’s order granting summary judgment to defendant St. Luke’s Hospital. Crystal McNeal, a pediatric patient at St. Luke’s, underwent ear surgery on September 25, 2007.
The McNeals sued St. Luke’s for negligent infliction of emotional distress,
The issue in this case does not relate to whether the conduct was outrageous or whether the McNeals suffered emotional distress. For purposes of this ruling, we accept the fáct the McNeals suffered emotional distress by the images conjured by the hanging bear.
Most recently, our supreme court reiterated that the issue of whether a cause of action for negligent infliction of emotional distress exists under the facts in a case turns on whether a duty should be imposed. Overturff, 757 N.W.2d at 245. The existence, of a duty under the facts is a question of law for the court and is “properly resolvable by summary judgment.” Id.
We have carefully reviewed the record, the briefs of the parties, and the district court’s succinctly written opinion.
Specifically, we do not find the medical services complained of here involve “a matter of life and death, evoking such ‘mental concern and solicitude’ that the breach of a contract incident thereto ‘[would] inevitably result in mental anguish, pain and suffering.’ ”
Here, Crystal underwent ear surgery, which is not the type of medical service that involves a deep emotional response similar to life and death circumstances. Further, there is no evidence Crystal’s uncle, Lee McNeal, assumed a relationship that was contractual in nature with the hospital.
For these reasons, we affirm the district court’s grant of summary judgment.
AFFIRMED.
. Crystal suffered no complications from the surgery.
. The McNeals also raised claims of intentional infliction of emotional distress and a violation of their civil rights, but later dismissed those claims.
. St. Luke’s motion for summary judgment was initially heard by Judge Sokolovske, who entered a ruling denying the motion on September 14, 2009. On December 30, 2009, the case was assigned to Judge Jacobson for trial. Upon reviewing the file and following a hearing, Judge Jacobson reversed Judge Soko-lovske’s initial ruling and granted St. Luke's motion for summary judgment. See Hoefer v. Wisconsin Educ. Ass’n Ins. Trust, 470 N.W.2d 336, 339 (Iowa 1991) ("While it may be uncommon for a district court to reconsider a motion sua sponte, Iowa adheres to the general rule that a district court judge may review and change a prior interlocutory ruling of another district judge in the same case.”). It is from this ruling that the McNeals appeal.
. As the United States Supreme Court recently noted, "Between 1882 and 1968, there were at least 3,446 reported lynchings of blacks in the South.” McDonald v. City of Chicago, Ill., - U.S. -, -, 130 S.Ct. 3020, 3087, 177 L.Ed.2d 894, 969 (2010) (Thomas, J., concurring). One court has also observed that racial insults "conjure up the entire history of racial discrimination in this country.” Taylor v. Metzger, 152 N.J. 490, 706 A.2d 685, 695 (1998).
. It would be a mischaracterization for the McNeals to interpret the district court's ruling as a conclusion "that Iowa law does not support a cause of action for negligent infliction of emotional distress.” Rather, the district court correctly observed Iowa law does not allow recovery of damages for emotional distress as a result of negligent conduct, except when accompanied by a physical injury, but for a limited exception, as set forth in Oswald, 453 N.W.2d at 639.
. In light of this finding, we need not reach the issue raised by the McNeals in regard to whether Crystal’s emotional distress was caused by an intervening, superseding act of Ray McNeal in refusing to allow the teddy bear to be removed from above the bed prior to Crystal's return to the room.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.