Clegg v. Chase

Defendant physician has moved to dismiss two causes of action alleged by plaintiff mother and her infant daughter. Both causes of action essentially seek the same quantum of damages for the economic injury which has *511been and will be sustained as the result of the birth of the infant plaintiff following the alleged negligence of the defendant in performing a tubal ligation upon the plaintiff mother.

Each cause of action contains two separate theories for recovery, viz., breach of warranty and negligence.

Plaintiffs’ warranty actions must be dismissed since the complaint does not allege the…