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TAYLOR BY TAYLOR v. CUTLER

306 N.J. Super. 37 (1997)

JAMES TAYLOR, BY HIS G/A/L CHRISTINE WEISS TAYLOR, AND CHRISTINE WEISS TAYLOR (HIS MOTHER), INDIVIDUALLY, AND SHERMAN TAYLOR (HIS FATHER), INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. FRANCES CUTLER, NORMAN P. CUTLER, JOHN DOE AND ABC CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 8, 1997.

Attorney(s) appearing for the Case

Katherine G. Houghton, argued the cause for appellants (Ms. Houghton, on the brief).

Karen M. Cassidy, argued the cause for respondents (Connell, Foley & Geiser, attorneys; Lisa M. Fontoura and Ms. Cassidy, on the brief.)

Before Judges DREIER, KEEFE and WECKER.

The opinion of the court was delivered by KEEFE, J.A.D.

In this appeal we must decide whether a negligent motorist, who injures a woman in an automobile accident, owes a duty to that woman's child who was not yet conceived at the time of the accident but suffers from injuries that are attributable to the mother's injuries stemming from that accident. Although the issue, referred to as "preconception negligence," has...

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