Johnson v. Pastoriza

At issue is the extent of liability imposed under two statutes, MCL 600.2922a and MCL 600.2922, for wrongful or negligent acts against a pregnant woman that result in injuries to or the death of a fetus. The majority holds that plaintiffs’ claims for negligence brought under MCL 600.2922a, which provides a cause of action for injuries to or the death of a fetus, fail as a matter of law. The majority believes that MCL 600.2922a only imposes liability for negligent conduct when the conduct complained of consists of an “affirmative” act rather than an “omission.” The majority further holds that…