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BROADNAX v. GONZALEZ

304 A.D.2d 781 (2003)

759 N.Y.S.2d 499

KAREN BROADNAX et al., Appellants, v. FREDERICK A. GONZALEZ et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 28, 2003.

Ordered that the judgment is affirmed, with one bill of costs.

There is an absence of evidence that the plaintiff mother suffered a physical injury distinct from the injury to her unborn child and separate and apart from that which occurs in any normal childbirth. Thus, she may not recover damages for the psychological and emotional harm she allegedly suffered as a result of the stillbirth of her child (see Tebbutt v Virostek, 65 N.Y.2d 931...

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