Basilio

On September 25, 1965, Emma B. Basilio was six months pregnant with appellant Sylvia Basilio. On that day she was involved in an automobile accident, in which her head was thrown against the sun visor of the automobile. She received no direct blow to the abdomen. She incurred a head injury with neck pain, similar to a whiplash. For a couple of days she suffered some nausea without vomiting. She felt shaken up. At the time of the accident the expected delivery date was December 27, but she actually delivered on December 8. This was described as being within the “range of a full term delivery.” A few hours after Sylvia’s birth, the baby started to vomit bile. Doctor L. Patrick Brennan, a pediatric surgeon, was consulted. He advised surgery which was performed by himself within a few hours. The surgery revealed a blocked jejunum. Part of the small intestine had become necrotic and the blood supply had been cut off.

On February 11, 1966, Sylvia, by guardians ad litem, sued several defendants, among them the respondent Charles Beif, for injuries resulting from the September 25, 1965, accident. At the trial there was a sharp divergence of opinion between Doctor Brennan and defendant’s…