Wynne v. Orcutt Union School District

Opinion

FLEMING, J.

Plaintiffs Edward and Betty Wynne appeal a judgment on the pleadings in favor of defendant Orcutt Union School District dismissing their complaint because of its failure to state a cause of action.

(Maxon

v.

Security Ins. Co.,

214 Cal.App.2d 603, 610 [29 Cal.Rptr. 586].) The complaint pleaded the following facts:

Edward and Betty Wynne have a son, Martin, bom 13 June 1958. Martin is a victim of Friedreich’s ataxia, a progressively disabling disease of the central nervous system. Martin was admitted to the May Grisham School in the Orcutt Union School District for the 1968-1969 school year. “In

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strict confidence” Betty Wynne informed Martin’s teacher and his principal that her son was suffering from Friedreich’s ataxia and that he did not know its progressively disabling effects or its ultimate fatal outcome. On 21 January 1969 the teacher disclosed to Martin’s classmates that his disease was progressive and that Martin would soon die. Martin’s classmates immediately told Martin he had a fatal disease, and they repeatedly asked him when he would die. In turn Martin repeatedly asked his parents if he had a fatal disease and if he would die within a few years. They attempted to assure him that he did not have such a disease. Because of this negligent disclosure of confidential information to their son, Edward and Betty Wynne aver they have “suffered shock to [their] nervous systemfs] and nerves,” for which they seek compensation in damages of $200,000.

We do not question the fact that the Wynnes suffered anguish and sorrow because of Martin’s disease and his discovery of its prospective fatal outcome. But personal suffering gives rise to a cause of action only when it originates from a breach of duty by defendant and invades a protected interest of plaintiff.

(Rose

v.

State of California,