Paul Griffith Garland, as Administrator of the Estate of Bonnie Joan Garland, Deceased, Paul Griffith Garland and Joan B. Garland v. Richard J. Herrin

GEORGE C. PRATT, Circuit Judge:

The issue .on appeal in this diversity action is whether under New York law parents may recover damages for emotional distress resulting from extreme and outrageous conduct that caused the death of their child. The district court, 554 F.Supp. 308, surveyed New York case law and concluded that, if presented with this case, the New York Court of Appeals would allow recovery. We can understand the district court’s perception that justice should permit recovery in a case such as this. However, as Judge Kaufman observed in Hausman v. Buckley, 299 F.2d 696, 704-05 (2d…