UTTER v. SOUTH BROOKHAVEN OBSTETRIC & GYNECOLOGIC ASSOCS.


135 A.D.2d 811 (1987)

Michael Utter, an Infant, by His Mother and Natural Guardian, Rosanna Utter, Appellant, v. South Brookhaven Obstetric & Gynecologic Associates, P. C., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 28, 1987


Ordered that the order is reversed, with costs, and the defendants' motion is denied.

The infant plaintiff suffers from, inter alia, brain damage and cerebral palsy. He will apparently require custodial care throughout his life. Shortly before his birth, his mother fell at her place of employment. Thereafter, the infant plaintiff commenced an action against the employer on account of injuries he was alleged to have sustained in utero. Following a structured...

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