Broadnax v. Gonzalez

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from a judgment of the Supreme Court, Westchester County (Bellantoni, J.), dated June 21, 2001, which, upon granting the defendants’ motion pursuant to CPLR 4401 for judgment as a matter of law at the close of the plaintiffs’ case at a jury trial, dismissed the complaint.

Ordered that the judgment is affirmed, with one bill of costs.

There is an absence of evidence that the plaintiff mother suffered a physical injury distinct from the injury to her unborn child and separate and apart from that which occurs in…