HEGYES V. UNJIAN ENTERPRISES, INC.
286 Cal. Rptr. 85 (1992)
NATURE OF THE CASE: Cassandra (P), a minor child, appealed a judgment, which dismissed
her action for preconception negligence.
FACTS: In 1985, P's mother was involved in a car accident with a vehicle driven by
Unjian's (D) employee. She sued D for injuries she sustained as a result of that accident
and settled that action. As a result of that accident, the mother was fitted with a
lumbo-peritoneal shunt. In 1987, O'Hare became pregnant with P. During that pregnancy, the
fetus compressed the lumbo-peritoneal shunt that had been installed and, in order to avoid
further injury to the mother, P was delivered 51 days premature. P was born prematurely and
allegedly suffers from injuries relating to premature birth. P now claims that the negligent
conduct of D from the accident caused her injuries and seeks damages therefor. P alleged
that the personal injuries she sustained were a proximate result of the negligence of D. D
demurred to P's complaint. D contends that no legal duty was owed to P under the facts
presented since claims for preconception negligence involve a special 'physician-patient'
relationship which gives rise to a duty to the subsequently conceived 'foreseeable' fetus. D
also claimed that P's injuries were not reasonably foreseeable. The trial court sustained
the demurrer without leave to amend on the ground that recognition of such a cause of action
would 'be an unwarranted extension of a duty of care.' P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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