Legal Opinion · Dissent
Howard v. Lecher
Appellate Division of the Supreme Court of the State of New York
Decided July 30, 1976Published
1Dissent
Hargett, J. (dissenting).
Tay-Sachs disease is an inherited fatal disorder caused by the absence of a vital enzyme which essentially results in the destruction of the nervous system. It is a progressive, degenerative nervous system affliction which invariably causes death prior to the age of five years.1 On August 21, 1972 the plaintiff Laura Howard gave birth to a female child with this fatal disease. Melisa Howard succumbed to the inevitable effects of Tay-Sachs and died on June 26, 1974, not having reached her second birthday. The plaintiff parents are now looking to the defendant…
2Cases cited31 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
- Tobin v. GrossmanNew York Court of Appeals · 1969
- Johnson v. State of New YorkNew York Court of Appeals · 1975
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