Endresz v. Friedberg Ct Of App. Of N.Y.,

24 N.Y.2d 478 (1969)

Facts

Janice Endresz (P) was seven months pregnant when she was injured in an auto accident caused by Friedberg's (D) negligence. Two days later P delivered stillborn twins. P sued under wrongful death on behalf of the twins. The trial court dismissed the wrongful death action because it may not be maintained for the death of an unborn child. P appealed.