Rodriquez v. Patti

Appellate Court of Illinois

Rodriquez v. Patti

108 N.E.2d 830, 348 Ill. App. 322, 1952 Ill. App. LEXIS 428

CourtAppellate Court of Illinois

DecidedNovember 6, 1952

DocketGen. No. 45,828

StatusPublished

This text of 108 N.E.2d 830 (Rodriquez v. Patti) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rodriquez v. Patti, 108 N.E.2d 830, 348 Ill. App. 322, 1952 Ill. App. LEXIS 428 (Ill. Ct. App. 1952).

Pincite

Opinion

Mr. Justice Niemeyer

delivered the opinion of the court.

Plaintiff, suing by his mother as next friend, appeals from a judgment order dismissing his suit for damages alleged to have been sustained by him while in his mother’s womb through a fall of his mother when pregnant seven months from a second floor porch railing to a cement basement about twelve feet below.

In Allaire v. St. Luke’s Hospital, 184 Ill. 359, the court held that an action did not lie for injuries alleged to have been sustained by a child in its mother’s womb. In the recent case of Amann v. Faidy, 348 Ill. App. 37, where a like question was presented, the court in an exhaustive opinion, to which we can add nothing, reviewed a number of cases from foreign jurisdictions holding that such an action as here involved could be maintained. The court, however, held that the Appellate and trial courts of this state were bound by Allaire v. St. Luke’s Hospital, supra, and that the action cannot be maintained. In this conclusion we concur.

The judgment order is affirmed.

Order affirmed.

Friend, P. J. and Burke, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Niemeyer

delivered the opinion of the court.

Plaintiff, suing by his mother as next friend, appeals from a judgment order dismissing his suit for damages alleged to have been sustained by him while in his mother’s womb through a fall of his mother when pregnant seven months from a second floor porch railing to a cement basement about twelve feet below.

In Allaire v. St. Luke’s Hospital, 184 Ill. 359, the court held that an action did not lie for injuries alleged to have been sustained by a child in its mother’s womb. In the recent case of Amann v. Faidy, 348 Ill. App. 37, where a like question was presented, the court in an exhaustive opinion, to which we can add nothing, reviewed a number of cases from foreign jurisdictions holding that such an action as here involved could be maintained. The court, however, held that the Appellate and trial courts of this state were bound by Allaire v. St. Luke’s Hospital, supra, and that the action cannot be maintained. In this conclusion we concur.

The judgment order is affirmed.

Order affirmed.

Friend, P. J. and Burke, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

108 N.E.2d 830, 348 Ill. App. 322, 1952 Ill. App. LEXIS 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriquez-v-patti-illappct-1952.

Opinion

Related

Cite This Page — Counsel Stack