JOHNSON V. JAMAICA HOSPITAL, 62 N.Y. 2d 523, 467 N.E. 2d 502, 478 N.Y.S. 2d 838 (1984) CASE BRIEF

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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