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GIARDINA v. BENNETT

111 N.J. 412 (1988)

545 A.2d 139

REGINA M. GIARDINA AND PETER GIARDINA, CO-ADMINISTRATORS AD PROSEQUENDUM FOR THE ESTATE OF JOHN GIARDINA, PLAINTIFFS-APPELLANTS, v. GARDINER C. BENNETT, M.D., DEFENDANT-RESPONDENT, AND JOHN DOE, JAMES DOE AND XYZ CORPORATION, FICTITIOUS NAMES INTENDED TO DESIGNATE UNKNOWN INDIVIDUALS AND ENTITIES, DEFENDANTS.

The Supreme Court of New Jersey.

Decided August 10, 1988.

Attorney(s) appearing for the Case

Richard M. Chisholm argued the cause for appellants (Sellar, Richardson, Stuart & Chisholm, attorneys; Richard M. Chisholm and Joseph P. Vesey, Jr., on the briefs).

Hugh P. Francis argued the cause for respondent (Francis & Berry, attorneys; Evelyn C. Farkas, on the brief).

The opinion of the Court was delivered by HANDLER, J.

In this case, we deal with the claim of a distraught wife and husband, who contend that their baby was stillborn as a result of the negligence of their obstetrician. The far-reaching question posed by this claim is how our tort system should respond to the negligently caused death of a fetus. The immediate question that is presented is whether this claim gives rise to a statutory right of recovery under the state...

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