Miles v. Edward O. Tabor, M.D., Inc.

Damon O. Miles, age two months, died on October 26, 1977. On December 29, 1978, Damon’s father commenced an action against the defendant for the wrong- fui death of his son. G. L. c. 229, § 2. In an amended complaint, Damon’s mother sought damages from the defendant for negligent infliction of emotional distress. The jury returned verdicts for the plaintiffs on these claims. After trial, the defendant filed a motion for judgment notwithstanding the verdicts on each claim. See Mass. R. Civ. P. 50 (b), 365 Mass. 814 (1974). The judge denied the defendant’s motion for judgment notwithstanding…