Legal Opinion
De Angelis v. Lutheran Medical Center
New York Court of Appeals
Decided March 29, 1983PublishedCited by 179 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division in each of these appeals should be affirmed, with costs.
*1055In each case, a child seeks recovery in a derivative action for loss of consortium against an alleged tort-feasor who inflicted disabling injuries on one of the child’s parents. Such actions, however real the loss incurred, were not recognized at common law and we find no reason to recognize such a right now. In particular, the existence of the right of a husband or wife, in view of the nature of the marital relation, to bring an action derived from injuries to his or her…
2Cases cited5 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Becker v. SchwartzNew York Court of Appeals · 1978
- Ventricelli v. Kinney System Rent A Car, Inc.New York Court of Appeals · 1978
- Pagan v. GoldbergerAppellate Division of the Supreme Court of the State of New York · 1976
- Ortiz v. Kinoshita & Co.Appellate Division of the Supreme Court of the State of New York · 1968
3Cited by179 opinions
- Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
- Turcotte v. FellNew York Court of Appeals · 1986
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
- Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
- Lauer v. City of New YorkNew York Court of Appeals · 2000
174 more not listed; retrieve them via the Exa API.