Johnson v. New York
Court of Appeals of New York
334 N.E.2d 590 (1975)
A state hospital mistakenly pulled the wrong patient record after a same-named patient died and falsely telegrammed Emma Johnson's sister Nellie announcing Emma's death; Nellie notified family, and Emma's daughter arranged a wake before discovering, upon examining the body, that it was not her mother — Emma remained alive elsewhere in the hospital. The daughter suffered extreme distress, was unable to work for eleven days, and developed anxiety, depression, and nightmares; she and Nellie's estate sued the state for negligent infliction of emotional distress and funeral expenses. The trial court awarded the daughter $7,500 but the appellate court reduced this to only $1,658 in pecuniary losses, excluding emotional-harm damages.
Whether a claimant may recover for negligent infliction of emotional distress resulting from a false report of a close relative's death.