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Johnson v. Jamaica Hospital

Court of Appeals of New York

467 N.E.2d 502 (1984)

Relevant factsFree

The Johnsons (plaintiffs) delivered a daughter at Jamaica Hospital (defendant), who was kept for observation while the mother was discharged; a week later, upon returning, the Johnsons discovered their daughter had been abducted, and she was not returned for more than four months. The Johnsons sued the hospital for negligent infliction of emotional distress from the abduction, and the trial court denied the hospital's motion to dismiss, finding it owed a direct duty to the parents to properly care for their child and that resulting parental emotional distress was foreseeable; the Appellate Division affirmed.

IssueFree

Whether parents may recover for emotional distress suffered as a result of injuries inflicted on a child because of a hospital's negligence, if the parents are not within the zone of danger and do not witness their child's serious physical injury or death.

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