Womack v. Buchhorn

This case involves a common-law negligence action brought on behalf of an eight-year-old surviving child for prenatal brain injuries suffered during the fourth month of pregnancy in an automobile accident. The matter comes to this Court on grant of summary judgment for defendant by the Circuit Court solely on the basis of Newman v. Detroit (1937), 281 Mich 60, and leave to appeal to this Court prior to decision by the Court of Appeals.

The only issue in this case is whether a common-law negligence action can be brought on Jiehalf of a surviving child negligently injured during the fourth month…