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Torts Keyed to Franklin
Lauer v. City of New York
Facts
After Plaintiff’s three year-old son died, the New York City Medical Examiner conducted an autopsy. The autopsy report classified the death as a homicide and law enforcement began an investigation in which Plaintiff was the chief suspect. The Medical Examiner later learned that the boy had died of a ruptured brain aneurysm, but did not correct the autopsy report or the death certificate or notify law enforcement. Plaintiff sued for negligent infliction of emotional distress suffered as a result of the Medical Examiner’s negligence in these administrative matters. The trial court dismissed all claims on the basis of governmental tort immunity, but the appellate court reinstated the claim for negligent infliction of emotional distress.
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