Kennedy v. McKesson Co

In Kennedy v. McKesson Co., 58 NY2d 500 [1983] plaintiff was a dental surgeon who submitted his oxygen and nitrous oxide dispensing machine for repair by defendants. After the machine was returned to plaintiff, he used it to administer oxygen to a patient, but because the defendants had negligently reversed the labels on the machine, the patient received 100% nitrous oxide, killing her. The Kennedy Court held that plaintiff dental surgeon could not recover for his mental distress at having been involved in the death of his patient, even though the duty breached was a duty owed to him. "The rule to be distilled from those cases is that there is no duty to protect from emotional injury a bystander to whom there is otherwise owed no duty, and, even as to a participant to whom a duty is owed, such injury is compensable only when a direct, rather than consequential, result of the breach." (Kennedy v. McKesson Co., 58 NY2d at 506.)