RODRIQUEZ v. PATTI

Gen. No. 45,828.

348 Ill. App. 322 (1952)

108 N.E.2d 830

Enrique Davila Rodriquez, a Minor, by Lucy Rodriquez, his Mother and Next Friend, and Lucy Rodriquez, Appellants, v. Mario Patti, Appellee.

Appellate Court of Illinois.

Released for publication December 9, 1952.


Attorney(s) appearing for the Case

ARTHUR S. GOMBERG, and EUGENE P. MEEGAN, both of Chicago, for appellants; SAMUEL NINEBERG, of Chicago, of counsel.

ROBERT L. BRODY, ROBERT F. SULLIVAN, and GEORGE J. GORE, for appellee; ROBERT L. BRODY, of Chicago, of counsel.


MR. JUSTICE NIEMEYER delivered the opinion of the court.

Plaintiff, suing by his mother as next friend, appeals from a judgment order dismissing his suit for damages alleged to have been sustained by him while in his mother's womb through a fall of his mother when pregnant seven months from a second floor porch railing to a cement basement about twelve feet below.

In Allaire v. St. Luke's Hospital, 184 Ill. 359, the court held that an action did not...

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