Woman Sues After Photos Of Dead Babies Cause Distress
A woman, who was shown photos of her dead twin babies, has sued the hospital and the photographers, First Imaging, for emotional distress. Nicole Marie Cruz gave birth to one stillborn baby, and the other died within five minutes of birth.Cruz had already settled the lawsuit with an agreement for a $1 million payout. However, the insurance company is now appealing to have the agreement for the compensation payout voided. Court papers state that despite the fact that both babies were dead the "defendants undertook to pose, arrange and otherwise photograph the deceased children."
The insurance company is refusing to pay any of the compensation to Cruz because their policy does not cover her claim. There is now a further decision to be made with regards to where the case will be heard. Cruz sued the insurer in Rhode Island and the insurer filed to have the agreement voided in Texas. Judges must now decide which court will hear the case.
"If the Texas court grants the motion to transfer venue, the matter will proceed in this court," said U.S. District Judge William Smith, adding: "If the court denies that motion, this court will transfer venue and the case will be heard in Texas. In either event, the interests of judicial economy will be served."
Topic Added August 17th, 2005
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