Endresz v. Friedberg
New York Court of Appeals
1Opinion of the Court
Chief Judge Fuld.
The principal question posed is whether there is a right of recovery under this State’s wrongful death statute (EPTL 5^4.1 [formerly Decedent Estate Law, § 130]) by the personal representative of a stillborn foetus which died as a result of injuries received while en ventre sa mere.
The plaintiff, Janice Endresz, seven months pregnant, was injured in an automobile accident in the winter of 1965 and two days later was delivered of stillborn twins, a male and a female. Four actions in negligence were brought against the persons assertedly responsible for the accident. In the…
2Cases cited26 opinions
- Woods v. LancetNew York Court of Appeals · 1951
- Verkennes v. CornieaSupreme Court of Minnesota · 1949
- Milks v. McIverNew York Court of Appeals · 1934
- State Ex Rel. Odham v. ShermanCourt of Appeals of Maryland · 1964
- RAINEY v. HornMississippi Supreme Court · 1954
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3Cited by119 opinions
- People v. HobsonNew York Court of Appeals · 1976
- Becker v. SchwartzNew York Court of Appeals · 1978
- Justus v. AtchisonCalifornia Supreme Court · 1977
- Summerfield v. Superior Court, Maricopa Cty.Arizona Supreme Court · 1985
- Weitl v. MoesSupreme Court of Iowa · 1981
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