Lawsuit for Loss of the Unborn Baby In a Car Accident

In Raymond v. Bartsch (84 AD2d 60, lv denied 56 NY2d 508), the plaintiff, who delivered a stillborn infant one day after she was involved in an automobile accident, was precluded from recovering for her own suffering in connection therewith, because the loss of the fetus did not come within any of the then-enumerated categories of serious injury. Ms. Raymond did not claim to have sustained any other qualifying "serious injury," and there is no indication, in the court's opinion, that she had suffered any physical injury to her own person, other than the unspecified trauma that apparently caused the death of the infant. Thus, the legislature's expressed intention to overrule the holding therein may be construed as some evidence that it intended to permit recovery where, as here, the only injury sustained in an accident is the loss of a fetus.