Shafer v. Spencer Hospital

THOMAS, S.J.,

This matter comes before the court on the preliminary objections of plaintiff to the new matter asserted by defendants Spencer Hospital and Dr. Robert Bazylak in which they assert the mother of the minor plaintiff was negligent because she continued to smoke during her pregnancy which caused plaintiff to have a low birth weight, which in turn may have contributed to the development of cerebral palsy to the minor plaintiff. Defendants assert (1) the contributory negligence of the mother is to be imputed to the child; or (2) the mother, although not a party to the proceeding, is a…