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GENDEK v. POBLETE

139 N.J. 291 (1995)

654 A.2d 970

JEAN GENDEK, ADMINISTRATOR AD LITEM OF THE ESTATE OF GREGORY GENDEK AND JEAN GENDEK AND STANLEY GENDEK, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. ESTRELLA POBLETE, C. GRAUER, RAQUEL ABARY, ANTHONY BRICKMAN, THE ABC CORPORATION AND JOHN DOES I THROUGH V AND JANE DOES I THROUGH V, DEFENDANTS, AND MERCER MEDICAL CENTER, MARY ANN FARLEY (GREHAN), P. PHILLIP, D. JOHNSON, JEAN MAGAULLIRI, AND TRACY GERGEL, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided March 15, 1995.

Attorney(s) appearing for the Case

Edward B. Meredith argued the cause for appellants (Meredith, Meredith & Chase, attorneys).

Stacy L. Moore, Jr., argued the cause for respondents Mercer Medical Center, P. Phillip, D. Johnson, Jean Magaulliri and Tracy Gergel (Parker, McCay & Criscuolo, attorneys).

Jeanne A. Taylor, argued the cause for respondent Mary Ann Farley (Grehan).

The opinion of the Court was delivered by HANDLER, J.

This case involves the claim of parents for negligent infliction of emotional distress arising out of the death of their infant son. The baby was born in apparent good health, but subsequently developed profound respiratory problems during a standard postbirth incubatory period. As a result of the respiratory problems, the baby stopped breathing. Although medical personnel...

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