LAUER V. CITY OF NEW YORK
733 N.E.2d 184 (2000)
NATURE OF THE CASE: This was a dispute over governmental immunity. City (D) challenged an
order, which held that Lauer (P) could maintain a claim for negligent infliction of
emotional distress based on ministerial acts of one of D's medical examiners.
FACTS: Andrew, was three, and he died on August 7, 1993. The child's death was determined
to be the result of blunt injuries to the neck and brain. The Examiner's report also
indicated that the brain was being preserved for further examination, but even so the next
day a death certificate was issued stating that the death was a homicide. Police began an
immediate investigation based on this report focusing on the boy's father. Eventually by
October, 1993 the Examiner's office got around to examining the brain and it clearly showed
that the death was caused by a ruptured brain aneurysm. The autopsy report was never
corrected and law enforcement officials were never contacted. The police investigation
continued and it was not corrected until 17 months later. P sued the City of New York (D)
and all claims were dismissed by the trial court.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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