Smith v. Brennan

The opinion of the court was delivered by

Proctor, J.

The complaint alleges that on July 25, 1956 the infant plaintiff Sean Smith, while in the womb of his mother, was injured in an automobile collision caused by the defendants’ negligence and that he was born on October 8, 1956 with resulting deformities of his legs and feet. The defendants all moved to dismiss the complaint of the infant plaintiff and his father suing per quod on the ground that the 'law of this State does not recognize a cause of action for a negligently inflicted prenatal injury. The Law Division granted the defendants’…