The NY Court of Appeals refused to overrule a 20-year-old ruling that bars mothers from recovering emotional damages for injuries to their children during birth, citing stare decisis. Dissents argued ...
The j case allows family members to recover emotional damages only if they witness serious injury or death caused by negligence and were at risk themselves. Courts have consistently applied this ...
Claims for damages arising from emotional shock are often pursued without a full appreciation of the legal requirements that must be satisfied for success. One requirement in particular is frequently ...