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Sana v. Brown

Nancy Sana, by Kenneth Sana, Her Father and Next Friend, Plaintiff-Appellant, v. Annie Mae Brown, Defendant-Appellee

Sana v. Brown, 183 N.E.2d 187 (Ill. App. Ct. 1962)
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Court
Appellate Court of Illinois · State Appellate Courts
Decided
May 21, 1962
Docket
No. Gen. 48,594
Judges
English, Murphy, Burman
Citations
183 N.E.2d 18735 Ill. App. 2d 4251962 Ill. App. LEXIS 546
Cited by 10

Opinion — English

MR. JUSTICE ENGLISH delivered the opinion of the court.

Complaint was filed on behalf of four plaintiffs for injuries alleged to have been sustained by them as a result of negligence on the part of defendant in the driving of her automobile. The complaint further alleged that plaintiff, Eleanor Sana, was pregnant at the time of the occurrence and that she gave birth to plaintiff, Nancy Sana, approximately 4% months thereafter.

Answering as to the other plaintiffs, defendant filed a Motion to Dismiss the Complaint as to Nancy Sana on the sole ground that she was not viable at the time of the injuries allegedly sustained by her. The motion was allowed and the complaint was dismissed as to her, the court making the necessary finding to render its order final and appealable at this time. (Ill Rev Stats, c 110, § 50(2).)

The identical question presented by plaintiff’s appeal in this case was very recently raised in Daley v. Meier, 33 Ill App2d 218, 178 NE2d 691 , in which we held that a cause of action for prenatal injuries is not dependent upon viability. The opinion in that case is controlling here.

The judgment of the Circuit Court is, therefore, reversed and the cause is remanded with directions to overrule defendant’s Motion to Dismiss.

Beversed and remanded with directions.

MURPHY, P. J. and BURMAN, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1964: 11968: 11969: 11972: 11973: 11976: 11977: 11978: 11988: 11991: 119642026peak 1964 · 1

Relies on it most ⓘ

  1. Chrisafogeorgis v. Brandenberg279 N.E.2d 440 (Ill. App. Ct. 1972)
  2. Albert J. Todd, as Administrator of the Estate of Baby Todd, Deceased v. Sandidge Construction Company, a Corporation341 F.2d 75 (4th Cir. 1964)
  3. Thompson v. Pizza Hut of America, Inc.767 F. Supp. 916 (N.D. Ill. 1991)
  4. Green v. Smith377 N.E.2d 37 (Ill. 1978)
  5. Renslow v. Mennonite Hospital351 N.E.2d 870 (Ill. App. Ct. 1976)
  6. Renslow v. Mennonite Hospital367 N.E.2d 1250 (Ill. 1977)

Most recent

  1. Thompson v. Pizza Hut of America, Inc.767 F. Supp. 916 (N.D. Ill. 1991)
  2. Stallman v. Youngquist531 N.E.2d 355 (Ill. 1988)
  3. Green v. Smith377 N.E.2d 37 (Ill. 1978)
  4. Renslow v. Mennonite Hospital367 N.E.2d 1250 (Ill. 1977)
  5. Renslow v. Mennonite Hospital351 N.E.2d 870 (Ill. App. Ct. 1976)
  6. Chrisafogeorgis v. Brandenberg304 N.E.2d 88 (Ill. 1973)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Daley v. Meier, 178 N.E.2d 691 (Ill. App. Ct. 1961) 26

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