Supreme Court of New Jersey

Sean Smith, by His Guardian Ad Litem, Thomas Smith and Thomas Smith

January 11, 196031 N.J. 353

Summary

The Supreme Court of New Jersey reversed the Law Division’s dismissal of an infant’s negligence claim for a prenatal injury, holding that a surviving child has a cause of action for injuries caused before birth and that the prior rule in Stemmer v. Kline is no longer good law. The court remanded the case for trial.