Legal Opinion
Carey v. Lovett
Supreme Court of New Jersey
Decided April 6, 1993PublishedCited by 114 opinions
1Opinion of the Court
The opinion of the Court was delivered by
POLLOCK, J.
Once again we are summoned to respond to a family tort arising from an alleged act of medical malpractice. The case arises in the inflammatory setting of the tragic loss of a baby due to physician neglect. The issue is whether parents can recover for their emotional distress caused by medical malpractice in the birth and death of their daughter.
Relying on Giardina v. Bennett, 111 N.J. 412, 545 A.2d 139 (1988), the Law Division ruled that the parents, plaintiffs JoAnn Carey and Gregory Carey, could assert a direct claim for their emotional…
2Cases cited24 opinions
- Henningsen v. Bloomfield Motors, Inc.Supreme Court of New Jersey · 1960
- Goldberg v. Housing Auth. of City of NewarkSupreme Court of New Jersey · 1962
- Carson v. MaurerSupreme Court of New Hampshire · 1980
- Buckley v. Trenton Saving Fund SocietySupreme Court of New Jersey · 1988
- Portee v. JaffeeSupreme Court of New Jersey · 1980
19 more not listed; retrieve them via the Exa API.
3Cited by114 opinions
- Deborah Townsend v. Noah Pierre (072357)Supreme Court of New Jersey · 2015
- Blinzler v. Marriott International, Inc.Court of Appeals for the First Circuit · 1996
- Hisenaj v. KuehnerSupreme Court of New Jersey · 2008
- Caldwell v. HaynesSupreme Court of New Jersey · 1994
- Dunphy v. GregorSupreme Court of New Jersey · 1994
109 more not listed; retrieve them via the Exa API.