Taylor v. Cutler

The opinion of the court was delivered by

KEEFE, J.A.D.

In this appeal we must decide whether a negligent motorist, who injures a woman in an automobile accident, owes a duty to that woman’s child who was not yet conceived at the time of the accident but suffers from injuries that are attributable to the mother’s injuries stemming from that accident. Although the issue, referred to as “preconception negligence,” has been decided in other jurisdictions, it has not yet been addressed by an appellate court in this State. The Law Division held that preconception negligence is not a recognized tort…