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Taylor v. Cutler

New Jersey Supreme Court


March 02, 1999

JAMES TAYLOR, BY HIS G/A/L CHRISTINE WEISS TAYLOR, AND CHRISTINE WEISS TAYLOR, (HIS MOTHER), INDIVIDUALLY AND SHERMAN TAYLOR, (HIS FATHER) INDIVIDUALLY, PLAINTIFFS-APPELLANTS,
v.
FRANCES CUTLER AND NORMAN P. CUTLER, DEFENDANTS-RESPONDENTS, AND JOHN DOE AND ABC CORP. (SAID NAMES BEING FICTITIOUS), DEFENDANTS.

The opinion of the court was delivered by: Per Curiam

Argued December 1, 1998

On appeal from and certification to the Superior Court, Appellate Division, whose opinion is reported at 306 N.J. Super. 37 (1997).

This matter has come before the Court both as an appeal as of right based on a partial Concurring and Dissenting opinion in the Appellate Division, R. 2:2-1(a)(2), and on a grant of certification in respect of an issue that was resolved unanimously. 153 N.J. 52 (1998). Insofar as the judgment below addresses preconception torts in the context of ordinary negligence, it is affirmed substantially for the reasons expressed in the majority opinion reported at 306 N.J. Super. 37 (1997). The Court expresses no opinion on that part of the majority opinion that discusses preconception torts in special circumstances of foreseeability involving medical malpractice and strict liability claims.

The Order on certification is vacated as having been improvidently granted.

CHIEF JUSTICE PORITZ and JUSTICES HANDLER, POLLOCK, O'HERN, GARIBALDI, STEIN, and COLEMAN join in this opinion. SUPREME COURT OF NEW JERSEY

DECIDED March 2, 1999

Chief Justice Poritz PRESIDING

OPINION BY PER CURIAM

19990302


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