From Casetext: Smarter Legal Research

Sana v. Brown

Appellate Court of Illinois, First District. First Division
May 21, 1962
35 Ill. App. 2d 425 (Ill. App. Ct. 1962)

Summary

In Sana v. Brown (1962), 35 Ill. App.2d 425, and Daley v. Meier (1961), 33 Ill. App.2d 218, our appellate court considered whether a surviving infant had a right of action for injuries sustained while in its mother's womb during a previable state of development and answered in the affirmative.

Summary of this case from Stallman v. Youngquist

Opinion

Gen. No. 48,594.

May 21, 1962.

Appeal from the Circuit Court of Cook County; the Hon. THOMAS E. KLUCZYNSKI, Judge, presiding. Reversed and remanded with directions.

Francis H. Monek, of Chicago, for appellant.

Morton H. Meyer, of Chicago (Arthur M. Gorov and William Elman, of counsel), for appellee.


Complaint was filed on behalf of four plaintiffs for injuries alleged to have been sustained by them as a result of negligence on the part of defendant in the driving of her automobile. The complaint further alleged that plaintiff, Eleanor Sana, was pregnant at the time of the occurrence and that she gave birth to plaintiff, Nancy Sana, approximately 4 1/2 months thereafter.

Answering as to the other plaintiffs, defendant filed a Motion to Dismiss the Complaint as to Nancy Sana on the sole ground that she was not viable at the time of the injuries allegedly sustained by her. The motion was allowed and the complaint was dismissed as to her, the court making the necessary finding to render its order final and appealable at this time. (Ill Rev Stats, c 110, § 50(2).)

The identical question presented by plaintiff's appeal in this case was very recently raised in Daley v. Meier, 33 Ill. App.2d 218, 178 N.E.2d 691, in which we held that a cause of action for prenatal injuries is not dependent upon viability. The opinion in that case is controlling here.

The judgment of the Circuit Court is, therefore, reversed and the cause is remanded with directions to overrule defendant's Motion to Dismiss.

Reversed and remanded with directions.

MURPHY, P.J. and BURMAN, J., concur.


Summaries of

Sana v. Brown

Appellate Court of Illinois, First District. First Division
May 21, 1962
35 Ill. App. 2d 425 (Ill. App. Ct. 1962)

In Sana v. Brown (1962), 35 Ill. App.2d 425, and Daley v. Meier (1961), 33 Ill. App.2d 218, our appellate court considered whether a surviving infant had a right of action for injuries sustained while in its mother's womb during a previable state of development and answered in the affirmative.

Summary of this case from Stallman v. Youngquist
Case details for

Sana v. Brown

Case Details

Full title:Nancy Sana, by Kenneth Sana, Her Father and Next Friend…

Court:Appellate Court of Illinois, First District. First Division

Date published: May 21, 1962

Citations

35 Ill. App. 2d 425 (Ill. App. Ct. 1962)
183 N.E.2d 187

Citing Cases

Powers v. City of Troy

With the passage of time and resulting sophistication of judicial precedent and medical knowledge, it is most…

Green v. Smith

I believe that it is incorrect to premise the existence of a cause of action for wrongful death on such an…