AND BASIS FOR RELIEF

5. The fraud, malpractice, breach of contract and breach of fiduciary duty claims pled are all based upon identical allegations that the defendant misled plaintiffs and exerted duress and coercion upon them to compel them to settle their underlying claim for wrongful death/medical malpractice. They are each subject to dismissal insofar as they are barred by:

(a) the doctrine of collateral estoppel; and
(b) the doctrine of waiver.

6. Moreover, plaintiffs seek recovery of both punitive damages and damages for their psychological and emotional suffering. Neither categories of damages are compensable herein.

7. In August 1993, plaintiffs’ son, Seth Speken, was admitted to Columbia following a seizure. He apparently suffered from Crohn’s disease, panic attacks and depression. He was receiving medication from an outside psychiatrist as well as his father, Dr. Speken, one of the plaintiffs herein who is also a psychiatrist. During his stay at the hospital, he became delirious, was placed in ankle and wrist restraints and developed an embolism that caused his death

8. Plaintiffs engaged the defendant herein thereafter to prosecute a civil wrongful death action against Columbia and the action was commenced in October 1994
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