Ruffing v. Union Carbide Corp.

OPINION OF THE COURT

John P. DiBlasi, J.

In what appears to be a matter of first impression, this court is asked to determine whether defenses asserting the comparative fault of parents of a child born with severe birth defects should be dismissed because they are barred as being founded upon claims of “negligent supervision” on the parts of the parents. Upon an analysis of those defenses and the controlling law, the court agrees with plaintiffs that the defenses must be stricken.

I. Factual Background

For several years prior to the birth of the infant plaintiff, Zachary Ruffing (Zachary), both…