Johnson v. Jamaica Hospital

I dissent and vote to reverse the order of Special Term and grant the defendant’s motion to dismiss the complaint for failure to state a cause of action.

In this action, the parents of an infant who was abducted from a hospital nursery by a 19-year-old girl during a bomb scare, seek damages from the hospital for emotional injuries allegedly sustained by them as a result of the disappearance of the infant child. As a parenthetical note, the infant was subsequently recovered and an action has been commenced in her own behalf against the defendant hospital for negligent care. The issue presented…