NEGLIGENCE-RIGHT TO RECOVER FOR PRE-NATAL INJURIE

The plaintiff-infant by his guardian ad litem brought an action against the defendant alleging that while he was en ventre sa mere during the ninth month of his mother's pregnancy, he sustained, through the defendant's negligence, such serious injuries that he was born permanently maimed and disabled. The trial court dismissed the complaint for failure to state a cause of action. The appellate division affirmed. On appeal, held, reversed, two judges dissenting.

A complaint alleging pre-natal injuries tortiously inflicted on a nine month foetus viable at the time and actually born later states a good cause of action. Woods v. Lancet, 303 N.Y. 349, 102 N.E. (2d) 691 (1951).