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,
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