Legal Opinion
Muniz v. United Hospital Medical Center—Presbyterian Hospital
New Jersey Superior Court Appellate Division
Decided December 23, 1976PublishedCited by 4 opinions
1Opinion of the Court
O’Neil, J. C. C.,
Temporarily Assigned. Defendant moves for an order dismissing the complaint in this case for failure to state a claim on which relief can be granted (R. 4:6—2 & 3). The issue thus raised is whether the events constitute the so-called tort of “outrage,” and if so, whether such a cause of action has been or should now be recognized in Yew Jersey. The complaint is drawn in two counts, in the first of which the following narrative is found.
Plaintiffs are husband and wife, and on April 21, 1975 Mrs. Muniz gave birth prematurely to a baby boy at St. Michael’s Hospital in Yewark.…
2Cases cited26 opinions
- Dillon v. LeggCalifornia Supreme Court · 1968
- Knierim v. IzzoIllinois Supreme Court · 1961
- Tobin v. GrossmanNew York Court of Appeals · 1969
- Johnson v. State of New YorkNew York Court of Appeals · 1975
- Leong Ex Rel. Petagno v. TakasakiHawaii Supreme Court · 1974
21 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Strachan v. John F. Kennedy Memorial Hosp.New Jersey Superior Court Appellate Division · 1986
- Tumminello v. Bergen Evening Record, Inc.District Court, D. New Jersey · 1978
- Schwartz v. United Jersey BankDistrict Court, D. New Jersey · 1980
- Muniz v. UNT'D HSP. MED. CENT.New Jersey Superior Court Appellate Division · 1976