Wednesday, February 14, 2007

Hahn v. Mirada (Cal. Ct. App. - Feb. 13, 2007)

The first paragraph of an opinion sometimes makes a great deal of sense. Particularly when it's a case like this one, and is published (after initially not being published) near Valentine's Day.

Here's how Justice Jones begins her opinion:

"In this appeal from a ruling on a demurrer, we consider this factual predicate: a woman is told she has a particularly aggressive form of breast cancer. She undergoes chemotherapy and has a radical mastectomy in an attempt to save her life. The pathology report prepared after the surgery shows the woman did not have cancer at all. The woman’s doctors learn their patient did not have cancer, but they do not tell her. As a result, the woman lives for more than two years believing she has a fatal disease. We hold these facts can support her husband’s independent cause of action for loss of consortium."

Makes sense to me.