Legal Opinion
Kelly v. Gregory
Appellate Division of the Supreme Court of the State of New York
Decided November 12, 1953PublishedCited by 55 opinions
1Opinion of the CourtBergan, J.
The right of a person to recover for a prenatal injury inflicted during the ninth month of the mother’s pregnancy was upheld in 1951 by the Court of Appeals; the case, before us seeks to advance the area of recovery to injury at a much earlier stage of the life of the foetus, to the third month of pregnancy. We think the same rule should govern both cases.
The decision of the Court of Appeals was distinctly limited to injuries in that area of pregnancy in which the child is viable (Woods v. Lancet, 303 N. Y. 349). The opinion stated: “ we confine our holding in this case to prepartum injuries…
2Cases cited3 opinions
- Woods v. LancetNew York Court of Appeals · 1951
- Allaire v. St. Luke's HospitalIllinois Supreme Court · 1900
- Woods v. LancetAppellate Division of the Supreme Court of the State of New York · 1951
3Cited by55 opinions
- Renslow v. Mennonite HospitalIllinois Supreme Court · 1977
- Smith v. BrennanSupreme Court of New Jersey · 1960
- Nealis v. BairdSupreme Court of Oklahoma · 1999
- Puhl v. Milwaukee Automobile InsuranceWisconsin Supreme Court · 1959
- Baldwin v. ButcherWest Virginia Supreme Court · 1971
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