Opinion
Case No. 2-02-CV-509G
December 22, 2003
Karra J. Porter, CHRISTENSEN JENSEN, P.C., Salt Lake City, Utah, for Plaintiff
Dustin Lance, Samuel Adams, SIEGFRIED JENSEN, Murray, Utah, for Plaintiff
Stephen W. Owens, for Defendants
ORDER
The defendants' Motion for Partial Summary Judgment came before the Court on December 8, 2003. Appearing for the defendants was Stephen W. Owens. Appearing for the plaintiffs were Karra J. Porter and Dustin Lance. At the commencement of oral argument, counsel for plaintiffs indicated that punitive damages are not sought against defendant Peters. Having reviewed the parties' memoranda and heard oral argument, the Court hereby issues the following Order.
1. The Court DENIES defendants' Motion for Partial Summary Judgment as to plaintiffs' Fourth Cause of Action (trespass and invasion of privacy), finding that a genuine issue of material fact exists,
2. The Court GRANTS defendants Motion for Partial Summary Judgment as to plaintiffs' Third Cause of Action (intentional infliction of emotional distress), finding that the threshold of "outrageous conduct" has not been met.
3. The Court DENIES defendants' Motion for Partial Summary Judgment as to plaintiffs' claim for punitive damages against defendant Brinton in connection with plaintiffs' Fourth Cause of Action, finding that a genuine issue of material fact exists.
4. The Court TAKES UNDER ADVISEMENT defendants' Motion for Partial Summary Judgment as to plaintiffs' claim for punitive damages against defendant Brinton in connection with plaintiffs' First Cause of Action (negligence/medical malpractice) and Second Cause of Action (failure to obtain informed consent).