Kennedy v. McKesson Co.

David Kennedy (plaintiff), a dental surgeon, bought a McKesson Co. (defendant) anesthetic machine through Hradil (defendant), an employee of Norton-Starr, Inc., (Norton) (defendant). Norton was a distributor of McKesson products. In September 1976, Kennedy arranged an overhaul of the equipment through Hradil and Norton. Upon the machine’s return, the color-coded decals for the oxygen and nitrous-oxide connections had been reversed. Hradil and Norton also did not inform Kennedy that differently sized connectors for oxygen and nitrous oxide could be installed, which would have prevented improper connection of the machine. Kennedy removed four of a patient’s wisdom teeth on December 10, 1976. Kennedy adjusted the machine to provide 100 percent oxygen to the patient, but instead, the patient received 100 percent nitrous oxide, and she died. A wrongful-death action was brought against Kennedy, and he was the subject of a criminal investigation. Kennedy suffered from ill mental health and a damaged reputation and permanently withdrew from his dental practice. McKesson, Hradil, and Norton sought dismissal of the complaint for failure to state a claim, but the New York Supreme Court held that McKesson, Hradil, and Norton breached their duty to Kennedy and that he was entitled to recover for emotional harm and any pecuniary loss he had sustained. The appellate division reversed and dismissed the complaint on the ground that there was no cause of action stated if emotional harm resulted indirectly through a plaintiff’s reaction to a negligently caused injury to another person. Kennedy appealed.