Opinion
Nos. 142438, 142439.
May 25, 2011.
Court of Appeals Nos. 288375 and 291287.
Leave to Appeal Granted.
The parties shall include among the issues to be briefed (1) whether the defendant had a duty to the decedent; (2) if so, whether the defendant's conduct can be viewed as the proximate cause of the decedent's death; (3) whether the defendant's conduct can be viewed as "so reckless as to demonstrate a substantial lack of concern for whether an injury results"; (4) whether a claim for intentional infliction of emotional distress is cognizable under the circumstances of this case; (5) if so, whether the defendant's conduct can be viewed as "extreme and outrageous"; (6) the degree of recklessness sufficient to meet the standard required to establish intentional infliction of emotional distress; (7) whether the defendant showed that she acted in good faith; and (8) whether the defendant was performing ministerial acts, as opposed to discretionary acts.
We further order that this case be argued and submitted to the Court together with the case of Patterson v. Nichols (Docket No. 142441) at such future session of the Court as both cases are ready for submission.