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SMITH v. BRENNAN

31 N.J. 353 (1960)

157 A.2d 497

SEAN SMITH, BY HIS GUARDIAN AD LITEM, THOMAS SMITH AND THOMAS SMITH, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, AND JOHN FLANNELLY, NELLIE SMITH, FRANCES SMITH AND THOMAS SMITH, PLAINTIFFS, v. PHYLLIS BRENNAN, FELIX J. BRENNAN, MARIE CLAIRE GALBRAITH AND GEORGE GALBRAITH, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided January 11, 1960.

Attorney(s) appearing for the Case

Mr. Thomas F. Shebell argued the cause for the plaintiffs-appellants.

Mr. Robert R. Witt argued the cause for the defendants-respondents, Phyllis Brennan and Felix J. Brennan (Messrs. Durand, Ivins & Carton, attorneys; Mr. Robert R. Witt of counsel).

Mr. Theodore W. Geiser argued the cause for the defendants-respondents, Marie Claire Galbraith and George Galbraith (Messrs. Shaw, Pindar, McElroy, Connell & Foley, attorneys; Mr. Theodore W. Geiser of counsel and on the brief).

The opinion of the court was delivered by PROCTOR, J.

The complaint alleges that on July 25, 1956 the infant plaintiff Sean Smith, while in the womb of his mother, was injured in an automobile collision caused by the defendants' negligence and that he was born on October 8, 1956 with resulting deformities of his legs and feet. The defendants all moved to dismiss the complaint of the infant plaintiff and his father suing per quod on the ground that the law of...

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