Thursday, December 3, 2015

Endresz v. Friedberg case brief

Endresz v. Friedberg case brief
1979 NY Ct of Appeals
Facts: Plaintiff was involved in an automobile accident while pregnant of 7 months. Two stillborn babies were delivered two days after the accident and wrongful death suits were brought on behalf of kids against the defendant. The first two suits were dismissed, ct of appeals addresses issue. Precedents already decree that no recovery is allowed for unborn kids. 
Decision:  Affirmed lower courts decision, should not be able to sue on behalf of unborn kids 
Reasoning: Recovery for wrongful death requires, first, life. An unborn child is not considered living by this court, and they said that the legislature could not have intended to allow an unborn baby to have a wrongful death suit recovered on behalf of an unborn child. If a child is never faced with life or living, there should be no recovery. Torts were allowed against a kid in utero (but if they were not even conceived yet then no recovery at all) who was born with defects. It is not fair to allow a person who never drew breath to recovery, that is the arbitrary limit that courts put forth. 

Holding: A plaintiff may not recover a wrongful death suit for their children if the children, even if the injury occurred while the kid was in utero/unborn.

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