Chenault v. Huie

OPINION

JOSEPH B. MORRIS, Justice.

In this ease of first impression, we address the question of whether a woman may be held civilly liable for conduct engaged in while pregnant that causes injury to her later born child. After examining existing law, we conclude that Texas does not recognize a cause of action in tort for injuries to a child that result from the mother’s negligent or grossly negligent conduct while she was pregnant with the child. Moreover, after considering the various public policy issues raised by this question, we also conclude that we should not judicially create a legal…