TOBIN v. GROSSMAN


24 N.Y.2d 609 (1969)

Philomena Tobin, as Natural Parent and Guardian of Gregory Tobin, an Infant, et al., Appellants, v. Stuart Grossman, Respondent.

Court of Appeals of the State of New York.

Decided April 24, 1969.


Attorney(s) appearing for the Case

Eugene R. Spada and Sanford Rosenblum for appellants.

Myron Komar for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and JASEN concur with Judge BREITEL; Judge KEATING dissents and votes to reverse in a separate opinion.


BREITEL, J.

The issue is whether a mother may recover against a tort-feasor for her own mental and physical injuries caused by shock and fear for her two-year-old child who suffered serious injuries in an automobile accident. The appeal rises on the pleading alone which alleges that the accident occurred in the mother's full view and presence. In fact, the examination before trial taken of the mother, and somehow...

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