Berkley v. Dowds

Appellant Brenda Berkley, on behalf of herself, as personal representative of the estate of her deceased husband, John Vel Herron, and as guardian ad litem of her daughter Katie Rose Herron, appeals from the judgment of dismissal of her cross-action against respondent Gordon Dowds, the physician who attended appellants deceased husband before the latter died after suffering brain damage in an automobile accident. Respondent was dismissed from the cross-action after his demurrers were sustained without leave to amend. Appellant challenges the orders sustaining the demurrers to the first and third causes of action of the first amended cross-complaint (FACC) -- negligence/willful misconduct and elder abuse -- and the demurrers to the second and third causes of action of the second amended cross-complaint (SACC) -- intentional infliction of emotional distress upon the deceased and appellant, respectively.