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Article: New York court says child, not mother, can sue for injuries in womb.
- Article from:
- Trial
- Article date:
- August 1, 2005
- Author:
CopyrightCOPYRIGHT 2005 American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The New York Court of Appeals, the state's highest court, has ruled that a woman whose baby was born with deformities cannot sue for emotional distress, but the child can. The court said the mother could seek damages for separate injuries unrelated to the birth. (Sheppard-Mobley v. King, No. 49, 2005 WL 1106014 (N.Y. May 10, 2005).)
In its ruling, the court specifically refrained from broadening last year's key decision in Broadnax v. Gonzalez and Fahey v. Canino, where it held that a woman could sue for emotional distress damages if she suffered a miscarriage or stillbirth caused by medical negligence. (777 N.Y.S.2d 416 (2004).) That decision, the court said, ...
Related newspaper, magazine, and journal articles:
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Article: Broadnax, Craig A.
The Milwaukee Journal Sentinel;
March 31, 2008 ;
326 words
...Broadnax, Craig A. Age 51 years. March 22, 2008. Beloved father of Tinnisha ... brother of Virginia Townsend-McFarland of Decatur, GA, Barbara Broadnax, Patricia Broadnax, Maxine Broadnax (Ramon) Smith of Birmingham, AL; Beryl Broadnax ...
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