Legal Opinion
Leighton v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided February 20, 2007PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Goldstein, J.
At issue here is whether the law allows a cause of action for *85damages allegedly sustained by the infant plaintiff as a result of an accident which occurred when she was in útero and not viable outside the womb. We hold that the law allows such a cause of action, since the accident occurred after the infant plaintiff s conception and the infant plaintiff was thereafter born alive.
On January 20, 1999, the infant plaintiff’s mother, the plaintiff Esther Portalatin-Leighton, a school teacher who was four months pregnant at the time, allegedly fell as a result of a…
2Cases cited22 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992
- Woods v. LancetNew York Court of Appeals · 1951
- Hymowitz v. Eli Lilly & Co.New York Court of Appeals · 1989
- Smith v. BrennanSupreme Court of New Jersey · 1960
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3Cited by1 opinion
- Andrews v. KeltzNew York Supreme Court · 2007