Bedard v. Notre Dame Hospital, 9964
| Citation | 89 R.I. 195,151 A.2d 690 |
| Decision Date | 05 June 1959 |
| Docket Number | No. 9964,9964 |
| Parties | Doris BEDARD v. NOTRE DAME HOSPITAL. Ex. |
| Court | Rhode Island Supreme Court |
Goodman, MacKenzie, Gorin & Blease, Jordan Tanenbaum, Pawtucket, for plaintiff.
Albert E. Tondreau, Pawtucket, for defendant.
This action of trespass on the case was brought by the plaintiff for the alleged unlawful detention by the defendant of her infant son. The defendant demurred to the declaration on several grounds, and following a hearing thereon by a justice of the superior court the demurrer was sustained on certain of these grounds. Although the plaintiff was allowed ten days to amend her declaration she did not do so, but elected to stand on the declaration and has accordingly prosecuted her bill of exceptions to this court. The case is before us on her exception to the ruling of the trial justice on the demurrer.
The pertinent allegations in the declaration are in substance that plaintiff is the mother and guardian of a two-year-old son; that he was a patient undergoing treatment at the defendant hospital; that she was notified that such treatment had been completed and upon the payment of the hospital bill her child would be released into her custody; and that she was ready, willing and able to accept such custody, but that defendant wrongfully and willfully refused to release and discharge the child. The declaration further alleges that defendant wrongfully and willfully retained custody of the child for a long period of time thereafter against the will of plaintiff with the knowledge that said retention would cause her great anguish and suffering, and that as a result of such wrongful and willful action she suffered great anguish and was otherwise injured and damnified. The declaration alleges no loss of services. In brief, no claim is made for actual damages.
As stated, the defendant demurred to the declaration on several grounds. However, we shall consider only the first ground, namely: 'The declaration sets forth no cause of action.' In our opinion a determination of this ground of the demurrer is decisive of all the issues raised in this proceeding.
The plaintiff argues that, notwithstanding the fact that initially the child was lawfully in defendant's custody, the action is essentially an action for abduction and that therefore trespass on the case is the proper form of action under the authority of Wheeler v. Price, 21 R.I. 99, 41 A. 894. The defendant does not question the form of action but contends in substance that the damages as an element must be considered as consequential and not direct. In other words defendant claims that since this is a declaration in case, damages are not imputed by the act alleged alone but are indirect and consequential. In support of this contention it cites Henry v. Cherry & Webb, 30 R.I. 13, 73 A. 97, 24 L.R.A.,N.S., 991, and Brown v. Superior Court, 51 R.I. 469, 155 A. 658.
The principal question for consideration, therefore, is whether on the facts stated in the declaration a recovery may be had for the mental suffering endured by plaintiff as a result of defendant's alleged action. As stated by plaintiff, the issues are whether the alleged unlawful detention of her infant son by defendant constituted the invasion of a legally protected interest of the mother and, if so, is mental anguish unaccompanied by and not followed by physical illness a proper element of damages where the mental anguish is caused by intentional invasion of a legally protected interest?
The plaintiff contends that custody of a minor child is a legally protected interest for the invasion of...
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