Summary
In Rodriquez v. Patti, 415 Ill. 496, 114 N.E.2d 721 (1953), this court recognized a common law right of action for personal injuries to a viable fetus when wrongfully injured because [319 Ill.Dec. 564] of the negligence of a third party.
Summary of this case from Brucker v. MercolaOpinion
No. 32737. Reversed and remanded.
Opinion filed September 24, 1953.
This case is controlled by the decision in Amann v. Faidy, ante, p. 422. (p. 497)
APPEAL from the First Division of the Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook County; the Hon. HARRY M. FISHER, Judge, presiding.
ARTHUR S. GOMBERG, and EUGENE P. MEEGAN, both of Chicago, (SAMUEL NINEBERG, of counsel,) for appellants.
ROBERT L. BRODY, ROBERT F. SULLIVAN, and GEORGE J. GORE, all of Chicago, for appellee.
The circuit court of Cook County dismissed the amended complaint in this case insofar as it sought to recover damages for injuries inflicted upon Enrique Davila Rodriquez, a minor, while he was an infant en ventre sa mere. The Appellate Court for the First District affirmed upon the authority of Allaire v. St. Luke's Hospital, 184 Ill. 359, and we granted leave to appeal.
After these judgments of the circuit and Appellate courts were rendered, this court again considered the controlling question of law in Amann v. Faidy, ante, p. 422, decided May 20, 1953. In that case we held that the plaintiff, who was the administratrix of the estate of a child alleged to have died as a result of injuries inflicted upon him before his birth, had a right of action against the defendant whose negligence was alleged to have caused the injuries. Allaire v. St. Luke's Hospital, 184 Ill. 359, was overruled. Our holding in Amann v. Faidy is decisive of the legal issues presented in this case.
The judgment of the Appellate Court and the judgment of the circuit court of Cook County are therefore reversed, and the cause is remanded to the circuit court, with directions to overrule defendant's motion to dismiss the amended complaint as to the minor plaintiff, Enrique Davila Rodriquez.
Reversed and remanded, with directions.