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DAY v. NATIONWIDE MUTUAL INSURANCE CO.

No. 75-1048.

328 So.2d 560 (1976)

Terry A. DAY, a Minor, by His Father and Next Friend, Keith D. Day, et al., Appellants, v. NATIONWIDE MUTUAL INSURANCE CO., a Foreign Corporation, and Regina M. Bricker, Appellees.

District Court of Appeal of Florida, Second District.

March 17, 1976.

Attorney(s) appearing for the Case

Robert G. Shoemaker and Robert G. Varner, Jr. of Joseph H. Chambers, P.A., St. Petersburg, for appellants.

Donald V. Bulleit and Edward M. Waller, Jr., of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., St. Petersburg, for appellees.

GRIMES, Judge.

This case is one of first impression in Florida. The issue is whether a cause of action in tort exists for prenatal injuries negligently inflicted where the injured child is born alive.1

On March 9, 1973, Regina Bricker's car collided with an automobile driven by Ann Day. At that time Ann Day was in her sixth week of pregnancy. Terry A. Day was born November 19, 1973, with severe cerebral damage.

The lower...

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