Legal Opinion · Dissent
Lauer v. City of New York
New York Court of Appeals
Decided May 16, 2000Published
1DissentSmith, J.
Because I believe that plaintiff Edward G. Lauer has adequately pleaded a prima facie case for negligent infliction of emotional distress, I dissent.
On August 6, 1993, plaintiff and his wife took their three-year-old son Andrew to the hospital because he was gasping for breath. After an examination, the hospital sent the child home. The next morning the child was dead. Defendant Eddy Lilavois, a medical examiner from the Office of the Chief Medical Examiner (OCME), conducted an autopsy and concluded that the child was murdered by “blunt injuries of [the] neck and brain.”
An investigation by…
2Cases cited24 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Turcotte v. FellNew York Court of Appeals · 1986
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Cuffy v. City of New YorkNew York Court of Appeals · 1987
- Pulka v. EdelmanNew York Court of Appeals · 1976
19 more not listed; retrieve them via the Exa API.