Doyle v. Van Pelt

OPINION OF THE COURT

Phillip R. Rumsey, J.

In this negligence action arising from a motor vehicle accident, plaintiff — who was eight months pregnant at the time of the accident, and delivered a stillborn infant several hours later — seeks to recover for, inter alia, emotional and psychological injuries she sustained as a result of the loss of her fetus. Defendant moves for dismissal of the complaint, arguing that *68inasmuch as plaintiff herself did not suffer any distinct physical injury, apart from the loss of the baby, she cannot recover for her emotional injuries.

Although “loss of a fetus” is…