|
4474 REVIEW DENIED Although negligence may be alleged in general terms, a complaint must at least indicate what acts or omissions are claimed to be negligent; willful misconduct is not a separate tort, but simply an aggravated form of negligence, so if a cause of action for negligence falls, an action for willful misconduct based on the same allegations falls with it; if the only damage resulting from intentional infliction of emotional distress is pain and suffering, such an action does not survive its victim; conduct that is not in itself outrageous is not made so by an unexpressed motive.CitationBERKLEY v DOWDS (Insensitive Doctors) 152 CA4 518 [See: CCP 377.34; Guilliams v Hollywood Hosp 18 C2 97; Bockrath v Aldrich 21 C4 71, T/AT 9/99]
|
|
