{
  "id": 5098402,
  "name": "Enrique Davila Rodriquez, a Minor, by Lucy Rodriquez, his Mother and Next Friend, and Lucy Rodriquez, Appellants, v. Mario Patti, Appellee",
  "name_abbreviation": "Rodriquez v. Patti",
  "decision_date": "1952-11-06",
  "docket_number": "Gen. No. 45,828",
  "first_page": "322",
  "last_page": "323",
  "citations": [
    {
      "type": "official",
      "cite": "348 Ill. App. 322"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "348 Ill. App. 37",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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      ],
      "opinion_index": 0,
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        "/ill-app/348/0037-01"
      ]
    },
    {
      "cite": "184 Ill. 359",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3222120
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/ill/184/0359-01"
      ]
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    "simhash": "1:14f7a8cc27e68fe7",
    "word_count": 264
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  "last_updated": "2023-07-14T21:56:17.120334+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Enrique Davila Rodriquez, a Minor, by Lucy Rodriquez, his Mother and Next Friend, and Lucy Rodriquez, Appellants, v. Mario Patti, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Niemeyer\ndelivered the opinion of the court.\nPlaintiff, suing by his mother as next friend, appeals from a judgment order dismissing his suit for damages alleged to have been sustained by him while in his mother\u2019s womb through a fall of his mother when pregnant seven months from a second floor porch railing to a cement basement about twelve feet below.\nIn Allaire v. St. Luke\u2019s Hospital, 184 Ill. 359, the court held that an action did not lie for injuries alleged to have been sustained by a child in its mother\u2019s womb. In the recent case of Amann v. Faidy, 348 Ill. App. 37, where a like question was presented, the court in an exhaustive opinion, to which we can add nothing, reviewed a number of cases from foreign jurisdictions holding that such an action as here involved could be maintained. The court, however, held that the Appellate and trial courts of this state were bound by Allaire v. St. Luke\u2019s Hospital, supra, and that the action cannot be maintained. In this conclusion we concur.\nThe judgment order is affirmed.\nOrder affirmed.\nFriend, P. J. and Burke, J., concur.",
        "type": "majority",
        "author": "Mr. Justice Niemeyer"
      }
    ],
    "attorneys": [
      "Arthur S. Gomberg, and Eugene P. Meegan, both of Chicago, for appellants; Samuel Nineberg, of Chicago, of counsel.",
      "Robert L. Brody, Robert F. Sullivan, and George J. Gore, for appellee; Robert L. Brody, of Chicago, of counsel."
    ],
    "corrections": "",
    "head_matter": "Enrique Davila Rodriquez, a Minor, by Lucy Rodriquez, his Mother and Next Friend, and Lucy Rodriquez, Appellants, v. Mario Patti, Appellee.\nGen. No. 45,828.\nOpinion filed November 6, 1952.\nReleased for publication December 9, 1952.\nArthur S. Gomberg, and Eugene P. Meegan, both of Chicago, for appellants; Samuel Nineberg, of Chicago, of counsel.\nRobert L. Brody, Robert F. Sullivan, and George J. Gore, for appellee; Robert L. Brody, of Chicago, of counsel."
  },
  "file_name": "0322-01",
  "first_page_order": 344,
  "last_page_order": 345
}
