Legal Opinion

Johnson v. Jamaica Hospital

New York Court of Appeals

Decided July 3, 1984PublishedCited by 90 opinions

POINTS OF COUNSEL An alleged failure of hospital security which causes the unexplained disappearance of an infant from a hospital nursery does not create a direct duty on the part of the hospital to the parents of the infant so as to allow the parents to recover for their mental distress. (Palsgraf v LongIs.R.R. Co., 248 NY 339; Pulka v Edelman, 40 NY2d 781; Tobin v Grossman, 24 NY2d 609; Lafferty v Manhasset Med. Center Hosp., 54 NY2d 277; Rainnie v Community Mem.

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POINTS OF COUNSEL An alleged failure of hospital security which causes the unexplained disappearance of an infant from a hospital nursery does not create a direct duty on the part of the hospital to the parents of the infant so as to allow the parents to recover for their mental distress. (Palsgraf v LongIs.R.R. Co., 248 NY 339; Pulka v Edelman, 40 NY2d 781; Tobin v Grossman, 24 NY2d 609; Lafferty v Manhasset Med. Center Hosp., 54 NY2d 277; Rainnie v Community Mem. Hosp., 87 AD2d 707\Aquilio v Nelson, 78 AD2d 195; Howard v Lecher, 53 AD2d 420; Becker v Schwartz, 46 NY2d 401; Vaccaro v Squibb…

1Opinion of the Court

OPINION OF THE COURT

Kaye, J.

The parents of a newborn infant abducted from a hospital nursery may not recover damages from the hospital for their own emotional distress resulting from the hospital’s negligence in its care of their child or in the management of its nursery. Plaintiffs’ complaint for such damages should have been dismissed for failure to state a cause of action.

Plaintiffs, Cynthia Johnson and Percy Williams, are the parents of a daughter, Kawana, born June 8, 1981 in defendant Jamaica Hospital. After Cynthia’s discharge, the infant remained in the hospital nursery for further…

2Cases cited43 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  3. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  4. Pulka v. EdelmanNew York Court of Appeals · 1976
  5. Becker v. SchwartzNew York Court of Appeals · 1978

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3Cited by90 opinions

  1. Lauer v. City of New YorkNew York Court of Appeals · 2000
  2. Cummings v. Premier Rehab KellerSupreme Court of the United States · 2022
  3. Matter of Yolanda D.New York Court of Appeals · 1996
  4. Bernard J. Mortise and Cheryl L. Mortise v. United StatesCourt of Appeals for the Second Circuit · 1996
  5. Dombrowski v. BulsonNew York Court of Appeals · 2012

85 more not listed; retrieve them via the Exa API.

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