GARLAND v. HERRIN

No. 1341, Docket 83-7100.

724 F.2d 16 (1983)

Paul Griffith GARLAND, as Administrator of the Estate of Bonnie Joan Garland, deceased, Paul Griffith Garland and Joan B. Garland, Plaintiffs-Appellees, v. Richard J. HERRIN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 8, 1983.


Attorney(s) appearing for the Case

Russell M. Gioiella, New York City (Litman, Kaufman & Asche, New York City, of counsel), for defendant-appellant.

David T. Austern, Washington, D.C. (Gail E. Ross, Goldfarb, Singer & Austern, Washington, D.C., Boyle, Vogeler & Haimes, New York City, of counsel), for plaintiffs-appellees.

Before KAUFMAN, PRATT and GIBSON, Circuit Judges.


GEORGE C. PRATT, Circuit Judge:

The issue on appeal in this diversity action is whether under New York law parents may recover damages for emotional distress resulting from extreme and outrageous conduct that caused the death of their child. The district court, 554 F.Supp. 308, surveyed New York case law and concluded that, if presented with this case, the New York Court of Appeals would allow recovery. We can understand the district...

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