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Warnock v. Duello11/9/2005
njury to her fetus, resulting in a live birth. Hopefully, the appellate courts will provide us with further guidance in situations such as this.
The claim of Ms. Warnock for injuries she, herself, allegedly sustained must also be dismissed. Other than her own affidavit and that of her attorney, no medical proof has been proffered that she suffered injury beyond those naturally experienced in childbirth. Miller v. Chalon, 269 AD2d 37 (3d Dep't 2000).
The motions of the Defendants are hereby granted, and it is
ORDERED that the individual claims of Sarah Warnock, be, and hereby are, dismissed.
SO ORDERED
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