Ozdemir v. Somerset Medical Center
Ozdemir v. Somerset Medical Center
Opinion of the Court
Plaintiff-Appellant Phillip Ozdemir, proceeding pro se, appeals a July 5, 2007 judgment of the District Court granting summary judgment to defendants in plaintiffs action asserting a bystander claim for negligent infliction of emotional distress under New Jersey law.
Plaintiffs claims are without merit. The District Court did not err in granting summary judgment because plaintiff did not establish that he was married to or lived with the alleged victim at the time of her death. See Dunphy v. Gregor, 136 N.J. 99, 100, 642 A.2d 372 (1994) (extending standing in negligent infliction of emotional distress cases to “persons engaged to be married and living together”). Nor did the District Court err in denying plaintiffs discovery request. Accordingly, the July 5, 2007 judgment of the District Court is AFFIRMED, substantially for the reasons stated by Chief Judge Mordue in his careful and thoughtful decision and order of July 3, 2007. See Ozdemir v. Somerset Medical Center, 3:02-cv1600, 2007 WL 1988731 (N.D.N.Y. July 3, 2007).
. The District Court's jurisdiction arose from the parties’ diversity of citizenship. See 28 U.S.C. § 1332.
Reference
- Full Case Name
- Phillip OZDEMIR v. SOMERSET MEDICAL CENTER, Somerset Health Care Corporation, Board of Directors of the Somerset Health Care C, John and Jane Does 1-100
- Status
- Published