Burgess v. Miller
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*693The plaintiffs’ decedent, Robert Burgess, was born severely impaired as a result of alleged medical malpractice and negligence during the course of the infant’s delivery. The plaintiff mother, Ida Burgess, asserts various causes of action on behalf of the decedent and herself, including a claim for the emotional injuries suffered by her in consequence of witnessing the tragic results of the difficult and unsuccessful delivery. This latter cause of action, which the appellants seek to dismiss, is asserted by the plaintiffs to be cognizable under a "zone of danger” theory (Bovsun v Sanperi, 61…
2Cases cited9 opinions
- Becker v. SchwartzNew York Court of Appeals · 1978
- Tobin v. GrossmanNew York Court of Appeals · 1969
- Bovsun v. SanperiNew York Court of Appeals · 1984
- Howard v. LecherNew York Court of Appeals · 1977
- Endresz v. FriedbergNew York Court of Appeals · 1969
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3Cited by9 opinions
- Keselman v. Kingsboro Medical GroupAppellate Division of the Supreme Court of the State of New York · 1989
- James v. Middletown Community Health Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Bauch v. VerrilliAppellate Division of the Supreme Court of the State of New York · 1989
- Miller v. ChalomAppellate Division of the Supreme Court of the State of New York · 2000
- Stiles v. SenAppellate Division of the Supreme Court of the State of New York · 1989
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