Maher v. Yoon

In her fifth and sixth causes of action, the plaintiff sought to recover damages for the pain and suffering endured by her deceased newborn (hereinafter the infant), and compensation for the pecuniary losses suffered by the infant’s distributees. However, the evidence in the record establishes that the infant was stillborn. This evidence includes an autopsy report which described the infant as stillborn and indicated that the infant’s lungs were “airless,” the deposition testimony of the plaintiff and her mother to the effect that they never saw the infant show signs of life, and an admission…