NATIONAL CAS. COMPANY v. NORTHERN TRUST BANK OF FL, N.A.,

No. 3D00-3023.

807 So.2d 86 (2001)

NATIONAL CASUALTY COMPANY, Appellant, v. NORTHERN TRUST BANK OF FLORIDA, N.A., as guardian of the property of Kara Goodman, a minor, incompetent; Lisa Goodman, a minor through her legal guardians and parents, Barbara Goodman and Terry Goodman; Barbara Goodman, individually; Terry Goodman, individually; Lourdes Hainlin, and The Miami Jewish Home & Hospital for the Aged, Inc., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 27, 2002.


Attorney(s) appearing for the Case

Conroy, Simberg & Ganon, Fort Myers; Robert S. Glazier, Miami, for appellant.

Medvin, Tropp and Joshua D. Medvin, Coral Gables; Searcy, Denney, Scarola, Barnhart, & Shipley, West Palm beach; Caruso, Burlington, Bohn & Compiani and Barbara Compiani, West Palm Beach, for appellees.

Before COPE, FLETCHER and RAMIREZ JJ.


COPE, J.

The question presented is whether a child has a cause of action against his or her mother, based on the mother's prenatal negligence which led to an automobile accident, occasioning prenatal injury. We conclude that the cause of action does exist under the circumstances of this case.

While appellee Barbara Goodman was seven months pregnant, she was involved in an automobile accident. For present purposes it is taken as an established fact that Ms...

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