New York Court of Appeals Roundup: Life, Loss, and the Limits of the Law
In their column in the New York Law Journal, Litigation Partners Linton Mann III and Joshua Polster analyzed the recent Court of Appeals decision in SanMiguel v. Grimaldi. In the decision, a four judge majority upheld a strict rule that mothers may not recover emotional damages for birth injuries unless the mothers also suffered physical harm. The decision is a reaffirmation of a bright-line rule long rooted in New York’s historic skepticism toward claims for emotional harm. The three dissenting judges urged the court to abandon that line for a potentially more coherent and compassionate framework, foreshadowing continuing pressure to revisit this area of law.
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