REMY V. MacDONALD
801 N.E.2d 260 (2004)
NATURE OF THE CASE: Remy (P) sought review of a summary judgment in favor of MacDonald
(D), P's mother, in P's action seeking to recover damages for the D's alleged negligence in
a car accident that occurred while P was in utero.
FACTS: D was pregnant with P and was operating a motor vehicle when her vehicle was
struck by a motor vehicle owned by Dennis Ellis and operated by Anna Ellis. D was thirty-two
weeks pregnant with P and P had to be born by emergency caesarian section, four days later.
P was hospitalized for twenty-three days and experienced multiple breathing difficulties
associated with her premature birth. P continues to suffer from, respiratory distress and
asthma. P sued D alleging that her mother's negligent driving caused the accident that led
to P's premature birth and subsequent related injuries. On D's motion for summary judgment,
the judge concluded, as matter of law, that there could be no liability on the part of D and
allowed her motion for summary judgment. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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