Procanik by Procanik v. Cillo

The opinion of the Court was delivered by

POLLOCK, J.

The primary issue on this appeal is the propriety of a grant of a partial summary judgment dismissing a “wrongful life” claim brought by an infant plaintiff through his mother and guardian ad litem. That judgment, which was granted on the pleadings, dismissed the claim because it failed to state a cause of action upon which relief may be granted. R. 4:6-2(e).

The infant plaintiff, Peter Procanik, alleges that the defendant doctors, Joseph Cilio, Herbert Langer, and Ernest P. Green-berg, negligently failed to diagnose that his mother, Rosemary…