Johnson v. New York

334 N.E.2d 590 (1975)

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Nature of the Case

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Facts

P's mother, Emma Johnson, had been a patient in the Hudson River State Hospital since 1960. On August 6, 1970, another patient, also named Emma Johnson, died. The hospital sent a telegram addressed to Nellie Johnson of Albany, claimant's aunt and the sister of the living Emma Johnson informing her of the death. P was notified of her mother's death by her aunt. An undertaker was engaged; the body of the deceased Emma Johnson was released by the hospital and taken to Albany that night. A wake was set for August 11, with burial the next day. P incurred expenses in preparing the body for the funeral, and in notifying other relatives of her mother's death. P's mother, Emma Johnson, had been a patient in the Hudson River State Hospital since 1960. On August 6, 1970, another patient, also named Emma Johnson, died. The hospital sent a telegram addressed to Nellie Johnson of Albany, claimant's aunt and the sister of the living Emma Johnson informing her of the death. P was notified of her mother's death by her aunt. An undertaker was engaged; the body of the deceased Emma Johnson was released by the hospital and taken to Albany that night. A wake was set for August 11, with burial the next day. P incurred expenses in preparing the body for the funeral, and in notifying other relatives of her mother's death. P and her aunt went to the funeral home to view the body. Both remarked that the mother's appearance had changed. The doubts built up, and upon returning that evening for the wake, P, in a state of extreme distress, examined the corpse more closely and verified that it was not that of her mother. At this point, the claimant became 'very, very hysterical', and had to be helped from the funeral chapel. P's mother was alive and well in another wing of the hospital. The deputy director, with the authorization of the director, admitted the mistake to P and her aunt. P and her aunt, Nellie Johnson, since deceased, had filed a claim against the D for funeral expenses incurred, emotional harm, and punitive damages. At trial, it appeared that the hospital had violated its procedures and with gross carelessness had 'pulled' the wrong patient record. The Court of Claims awarded P $ 7,500 for funeral expenses undertaken on the false information, and for emotional harm. It denied her punitive damages and dismissed the aunt's claim for insufficiency. D appealed to the Appellate Division and Ps cross-appealed. The Appellate Division modified, limiting the P's award to her pecuniary losses of $1,658.47, and otherwise affirmed as to both claimants. P appealed.