Sinkler v. Kneale

Dissenting Opinion by

Mr. Justice Bell :

The question involved is an important but very narrow one. May a child recover in tort for an alleged prenatal injury one month after she was conceived, which allegedly caused her to be born a Mongoloid?

Plaintiffs filed a complaint containing four counts.* In the third count, Rebecca, a Mongoloid daughter, born November 11, 1958, sued defendant, alleging (a) he negligently ran into the rear of her mother’s automobile, and (b) that at the time of the accident plaintiff’s mother was one month pregnant with plaintiff and (c) “as a result of the accident…