Smith v. Borello

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a mother may recover demonstrable emotional distress that accompanies and is attributable to the loss of the fetus and the distress recoverable includes that arising from the unexpected termination of her pregnancy and the enduring of a miscarriage or stillbirth
• explaining that, in a wrongful death action, a deceased victim’s parent, spouse, or child “may sue, on his or her own behalf, for certain losses the person suffered by reason of the wrongful death of the victim” (emphasis added)
• a pregnant woman who suffers personal injury and the loss of the fetus due to a defendant’s tortious conduct may recover for any demonstrable psychic injury, rather than sorrow, that arose as a result of losing the fetus, including depression, anguish, and distress
• survival and wrongful death statutes
• survival and wrongful death statutes

Source: CourtListener parenthetical corpus (CC0).