What are the reasons for disallowing recovery in a wrongful death claim?
"New York", United States of America
The following excerpt is from Kennedy v. McKesson Co., 448 N.E.2d 1332, 462 N.Y.S.2d 421, 58 N.Y.2d 500 (N.Y. 1983):
The first stated reason for disallowing recovery was to apply the court's prior holding in Howard v. Lecher (supra). This barred any part of the claim based on emotional injury caused the parents vicariously by virtue of watching their child suffer and die.
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