JOHNSON V. JAMAICA HOSPITAL
62 N.Y. 2d 523, 467 N.E. 2d 502, 478 N.Y.S. 2d 838 (1984)
NATURE OF THE CASE: This is a certified question concerning emotional harm. The Appellate
Division certified the question of whether its order which affirmed the denial of Hospital's
(D) motion to dismiss Johnson's (P) action to recover damages for their own emotional
distress resulting from the abduction of their infant from D's nursery.
FACTS: Baby Kawana (P's daughter) was abducted from Jamaica Hospital (D) on a day which
the hospital received two bomb threats. While missing, P brought a suit for negligent
infliction of emotional distress. Kawana was recovered and returned to P four and one-half
months later. The trial court denied D's motion to dismiss. Appellate Division affirmed and
certified the question.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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