Plaintiff claims emotional distress affected diabetes

Defendant doctor’s demurrer to plaintiff’s personal injury claim is overruled because plaintiff has pleaded emotional distress accompanied by a physical injury.

Decision

“For the purpose of surviving a demurrer, a pleading is ‘sufficient if it clearly informs the opposite party of the true nature of the claim.’ … 

“After hearing testimony and arguments, the Court has determined that Plaintiff has stated a cause of action, and that Plaintiff may be granted the relief sought. The Court finds that the Plaintiff in this case has plead that the Defendant provided Plaintiff’s ex-husband with Plaintiff’s medical records before a motion to quash could be decided.

“The Court further finds that, in the light most favorable to the Plaintiff, there is a fair inference the Plaintiff has plead that Defendant’s negligence caused extreme emotional distress accompanied by a physical injury to Plaintiff, in the form of increased blood sugar that negatively affected Plaintiff’s diabetes. 

“A Plaintiff may be entitled to relief ‘where emotional disturbance is accompanied by physical injury. Womack v. Eldridge, 215 Va. 339,340 (1974).”

Defendant’s demurrer is overruled.

Vassar v. Arthur, Case No. CL20-874, Nov. 17, 2020, Roanoke City Cir. Ct. (Ware). Jonathan S. Kurtin for plaintiff, Kathleen M. McCauley for defendant. VLW 020-8-142, 4 pp.