BUSA 2106 Lecture Notes - Lecture 9: Official Code Of Georgia Annotated, Summary Judgment, Fetus
28 Sep 2016
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Who: appellant clark & clark, fred s. clark. Appellees lane & crowe, donald b. napier, whelchel, brown, readdick & bumgartner, What: this appeal arises out of an action brought by plaintiff against dr. milton arras, the county medical examiner, and dr. abram brown, the county coroner. In her complaint, plaintiff asserted a claim for intentional infliction of emotional distress as a result of an autopsy performed on her stillborn fetus. The trial court granted summary judgment to both defendants, and this appeal follows. Because the second miscarriage appeared unexplained, dr. arras performed an autopsy on plaintiff"s stillborn fetus. Plaintiff contended in her complaint that dr. arras, in conjunction with dr. brown, performed the autopsy by mistake and without her permission, causing her mental distress, pain and anguish. Plaintiff argues that summary judgment should not have been granted to defendants because. Dr. arras admitted that he performed the autopsy on the wrong fetus.
