ALBANY – In an unusual decision exploring the standards for state liability in a claim for infliction of emotional distress, a Court of Claims judge has embraced a high hurdle for plaintiffs. But Judge Philip J. Patti of Rochester also suggested he was appalled at the conduct of an autopsy room technician who mislead the mother of a 2-year-old choking victim.
The case had to do with a child who died after choking on an apple, and a state employee’s assurance to the mother that after an autopsy the youth’s body would be buried intact.