BONTE V. BONTE
616 A.2d 464 (1992)
NATURE OF THE CASE: Bonte (P) appealed a judgment which held that P could not maintain a
tort action against Bonte (M) for prenatal injuries she received, when her mother was struck
by a car while crossing a street, in that her mother was negligent for failing to use a
designated crosswalk and reasonable care.
FACTS: D, when seven months pregnant, was struck by a car while crossing a street. P was
delivered by emergency caesarean section the next day. P was born with catastrophic brain
damage and has been diagnosed as having cerebral palsy. She is severely and permanently
disabled and will require medical and supervisory care for the remainder of her life. P's
father brought this action claiming D was negligent in failing to use reasonable care in
crossing the street and failing to use a designated crosswalk. The trial court dismissed the
action and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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