1. Home
  2. Browse Decisions
  3. Or.
  4. 205 Or.
  5. 205 Or. 690 (1955)
 

MALLISON v. POMEROY

205 Or. 690 (1955)

291 P.2d 225

MALLISON v. POMEROY

Supreme Court of Oregon.

Affirmed December 7, 1955.

Attorney(s) appearing for the Case

Wm. C. Ralston and W.K. Phillips, of Portland, argued the cause for appellant. With them on the brief was Leo Levenson, of Portland.

Graham Walker, of Portland, argued the cause for respondent. With him on the brief were Earle V. White, Jr. and Emerson U. Sims, of Portland.

Before TOOZE, Acting Chief Justice, and ROSSMAN, LUSK, BRAND, LATOURETTE and PERRY, Justices.

AFFIRMED.

LATOURETTE, J.

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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases