MOTOR VEHICLE TORTS – Superior Court holds that wrongful death action alleging motor vehicle accident was cause of premature birth and death of twin fetuses cannot proceed without supporting expert testimony as to causation

3/22/2018 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

Category: Auto Accidents

Kathryn M. Cunningham

At the time of the motor vehicle accident at issue, the plaintiff was pregnant with twins.  Four weeks post-accident, the plaintiff gave birth prematurely at 23 weeks and the twins did not survive.  The plaintiff and her husband sued, alleging that the defendant’s negligence caused the plaintiff’s injuries, the premature delivery, and the wrongful death.  The Court, in granting defendant’s summary judgment, held that it was not inherently obvious that the collision was the sole proximate cause of the injuries alleged and that without expert testimony, the plaintiff’s claims were mere speculation.  Deboer v. Davis, CV-16-6064762-S (12/26/2017)

 

 

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