Remy v. Macdonald

801 N.E.2d 260 (2004)

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Nature of the Case

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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.