Rainnie v. Community Memorial Hospital

Appeal from that part of a judgment of the Supreme Court, entered March 13, 1980 in Madison County, upon a decision of the court at Trial Term (Zeller, J.), without a jury, which dismissed plaintiffs’ individual causes of action based upon defendant’s grossly negligent infliction of emotional harm and for punitive damages. Plaintiffs’ infant died as a result of the admitted gross negligence of defendant. The parties have stipulated to the facts. The amended complaint contained six causes of action. The first two alleged that defendant’s gross negligence caused the wrongful death and pain and…