Bosch v. St. Louis Healthcare Network

• Court: United States State Supreme Court of Missouri
• Writing for the Court: Limbaugh, White, Holstein, Wolff, and Benton, JJ., and Calvin, Sp. J., concur. Stith; William Ray Price, Jr.
• Citation: 41 S.W.3d 462
• Parties: (Mo.banc 2001) Ron Bosch, Appellant, v. St. Louis Healthcare Network, Respondent. SC82721 0
• Decision Date: 20 March 2001

41 S.W.3d 462 (Mo.banc 2001) Ron Bosch, Appellant,
v.
St. Louis Healthcare Network, Respondent. SC82721 Supreme Court of Missouri 03/20/2001

Appeal From: Circuit Court of St. Louis County, Hon. Barbara Wallace

Counsel for Appellant: Burton H. Shostak, D. J. Westling and Grant J. Shostak

Counsel for Respondent: Christine M. Kocot, Paul E. Kovacs and Jeffrey T. McPherson

Opinion Summary: Ron Bosch's wife, a nurse, pricked herself with an infected needle at work and contracted hepatitis C. Bosch sued St. Louis Health Care Network for loss of his wife's consortium and negligent infliction of emotional distress on him. The court dismissed the case. Bosch appealed dismissal of the negligent infliction of emotional distress claim.

Court en banc holds: 1) The exclusivity of workers' compensation applies to spouses for claims on account of the covered injury, section 287.120.2. Loss of consortium is a derivative claim that arises out of the original covered injury to the spouse and is barred. Negligently inflicted emotional distress is independent of and not derivative from the injury of the covered worker, so it is not one that is "on account of such accidental injury" and is not barred.

2) Bosch fails to allege all the elements of a negligent infliction of emotional distress claim. He does not allege he was present when his wife stuck herself or within the zone of danger, as the claim requires. The Court is not inclined to extend the claim for negligent infliction to the day-to-day interaction of husband and wife after the event.

Limbaugh, White, Holstein, Wolff, and Benton, JJ., and Calvin, Sp. J., concur. Stith, J., not participating.

William Ray Price, Jr., Chief Justice

I.

This case comes to us after the dismissal of the plaintiff's claim. Two issues are presented. First, whether section 287.120.2, RSMo 1994, part of the workers' compensation act, precludes the spouse of an employee who has made a claim for a workplace injury from bringing his or her own cause of action against the employer for negligent infliction of emotional distress. And second, whether the plaintiff has pled sufficient facts to make out a cause of action for negligent infliction of emotional distress. Section 287.120.2 does not preclude an action for a spouse's independent injury. However, Bosch did not plead that he was at the scene of an injury-producing sudden event as required to support a claim for negligent infliction of emotional distress.

II.

A motion to dismiss attacks the plaintiff's pleadings. In reviewing a motion to dismiss for failure to state a claim upon which relief can be granted, the following standard of review applies:

A motion to dismiss for failure to state a cause of action is solely a test of the adequacy of the plaintiff's petition. It assumes that all of plaintiff's averments are true, and liberally grants to plaintiff all reasonable inferences therefrom. No attempt is made to weigh any facts alleged as to whether they are credible or persuasive. Instead, the petition is reviewed in an almost academic manner, to determine if the facts alleged meet the elements of a recognized cause of action, or of a cause that might be adopted in that case.

Nazeri v. Missouri Valley College, 860 S.W.2d 303, 306 (Mo. banc 1993) (internal citations omitted).

III.

The following facts were alleged in the petition filed by Ron Bosch. Bosch's wife, Patricia Bosch, was employed as a nurse at the St. Joseph Health Center. She was required to draw blood in the course of her employment. Bosch alleged that on February 9, 1994, his wife drew blood from a patient infected with hepatitis C. After drawing the blood, she tripped over a small child in a crowded hall causing her to be pricked by the needle she used to draw the blood. Ms. Bosch contracted hepatitis C as a...