Driver who struck, killed jogger in front of his wife now suing victim’s family for own emotional damage

A driver who struck and killed a jogger in front of his wife last year is now suing the man’s family, claiming he now suffers ...
Law

A Mother's Emotional Distress

The NY Court of Appeals refused to overrule a 20-year-old ruling that bars mothers from recovering emotional damages for injuries to their children during birth, citing stare decisis. Dissents argued ...
Law

Court of Appeals Roundup: Life, Loss, and the Limits of the Law

The New York Court of Appeals upheld a strict rule that mothers can’t recover emotional damages for birth injuries unless they also suffered physical harm. Despite tragic facts, the court emphasized ...
JD Supra

(Un-)Leashing the Zone of Danger to Allow Emotional Distress Claims for Injuries to Companion Animals - Is the Concept of Family Expanding, and Should It?

Under the “zone of danger” doctrine, which New York state applies, a person does not need to be physically injured to recover for emotional distress under common-law negligence. A person in immediate ...