Remy v. MacDonald

This case presents the issue whether a child, bom alive, can maintain a cause of action in tort against her mother for personal injuries incurred before birth because of the mother’s negligence. The plaintiff seeks to recover damages based on the alleged negligence of her mother, the defendant Christine MacDonald, in connection with a two-car automobile *676accident that occurred when the plaintiff was in útero.2 A judge in the Superior Court concluded, as a matter of law, that there could be no liability on the part of the defendant and allowed her motion for summary judgment.3 The plaintiff…