Legal Opinion

Davis v. Murray

Court of Appeals of Georgia

Decided September 28, 1922No. 13162PublishedCited by 6 opinions

1Opinion of the CourtStephens, J.

1. There may be a recovery for mental suffering resulting directly from a physical injury. Thus, a pregnant woman who has, as a result of another’s negligence, received a physical injury of such a nature as to produce within her mind a fear and apprehension that she will give birth to a deformed child as a result of the injury, may, whether such deformity actually occurs, recover damages for mental suffering resulting from the injury.

2. The foetus of a pregnant woman being part of her person, she is entitled to recover for any actual physical injury sustained by such foetus, including mental…

2Cases cited1 opinion

  1. Prescott v. RobinsonSupreme Court of New Hampshire · 1908

3Cited by6 opinions

  1. Underwood v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1962
  2. Fields v. JacksonCourt of Appeals of Georgia · 1960
  3. Fehely v. SendersOregon Supreme Court · 1943
  4. Wells Ex Rel. Maihafer v. Ortho Pharmaceutical Corp.District Court, N.D. Georgia · 1985
  5. Armstrong Furniture Co. v. NickleCourt of Appeals of Georgia · 1961

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