Daley v. Meier

MR. PRESIDING JUSTICE MURPHY

delivered the opinion of the court.

This is an action for prenatal injuries allegedly sustained by a minor child while in the womb of his mother, when she was approximately one month pregnant. The trial court sustained defendant’s motion to strike the amended complaint and dismissed the suit. Plaintiff appeals.

The amended complaint alleges that on September 14, 1958, the child, Russell Michael Daley, Jr., while in the womb of his mother, was injured in an automobile collision, caused by defendant’s negligence, and that he was born on May 16, 1959, with resulting…