Mallison v. Pomeroy

The question posed is whether or not plaintiff has a cause of action for injuries sustained by her while she was a viable child in her mother’s womb. The term “viable child” means a child capable of an independent existence without the mother’s womb.

The case arises out of injuries causing cerebral palsy, a condition commonly known as spastic, allegedly sustained by plaintiff on December 25, 1948, while she was an unborn child, her mother then being six months pregnant. Plaintiff’s complaint is predicated upon the negligence of defendant when his car crashed into the rear of a car in which her…