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TEBBUTT v. VIROSTEK

65 N.Y.2d 931 (1985)

Marta H. Tebbutt et al., Appellants, v. Robert Virostek, Respondent.

Court of Appeals of the State of New York.

Decided June 13, 1985.

Attorney(s) appearing for the Case

Daniel H. Mahoney for appellants.

Randall J. Ezick and Dianne Bresee Mayberger for respondent.

Chief Judge WACHTLER and Judges SIMONS and ALEXANDER concur in memorandum; Judge MEYER concurs on constraint of Vaccaro v Squibb (); Judges JASEN and KAYE dissent and vote to reverse in separate dissenting opinions; Judge TITONE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Plaintiff Marta Tebbutt seeks to recover damages for her "pain, severe disappointment, anxiety, despondency, bitterness and suffering" attendant upon the stillbirth of her child.* Defendant allegedly caused the death of the fetus, unbeknownst to plaintiff, approximately one month earlier when he negligently performed an...

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