Legal Opinion

Endresz v. Friedberg

New York Court of Appeals

Decided April 17, 1969PublishedCited by 119 opinions

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

  1. Woods v. LancetNew York Court of Appeals · 1951
  2. Verkennes v. CornieaSupreme Court of Minnesota · 1949
  3. Milks v. McIverNew York Court of Appeals · 1934
  4. State Ex Rel. Odham v. ShermanCourt of Appeals of Maryland · 1964
  5. RAINEY v. HornMississippi Supreme Court · 1954

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

3Cited by119 opinions

  1. People v. HobsonNew York Court of Appeals · 1976
  2. Becker v. SchwartzNew York Court of Appeals · 1978
  3. Justus v. AtchisonCalifornia Supreme Court · 1977
  4. Summerfield v. Superior Court, Maricopa Cty.Arizona Supreme Court · 1985
  5. Weitl v. MoesSupreme Court of Iowa · 1981

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

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