New York Court of Appeals
Eleanor Ferrara v. Anthony C. Galluchio
June 25, 19585 N.Y.2d 16
Summary
The New York Court of Appeals affirmed the Appellate Division, holding that the original X‑ray physicians are liable for the plaintiff's mental anguish (cancerophobia) that arose from a dermatologist's warning, and that the $15,000 award for that anguish is proper. The Court also found the dermatologist's statement admissible as non‑hearsay. Justice Froessel dissented, arguing that such damages should not be allowed.