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Massachusetts Supreme Judicial Court· 1/12/2004

Remy v. MacDonald

Citations

  • 440 Mass. 675

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • imposing liability on pregnant woman not to harm fetus negligently would present unlimited number of circumstances where liability could attach
  • identifying challenges courts would face in refining scope of liability under proposed duty of care, including determining “the particular standard of conduct” to which defendants would be held
  • “As a general principle of tort law, every actor has a duty to exercise reasonable care to avoid physical harm to others.”
  • “[W]e are reluctant to impose a duty of care in the absence of ‘clear existing social values and customs’ supporting such a step.”
  • expectant mother has no duty of care to refrain from negligently injuring her unborn fetus
  • “No set of clear existing social values and customs exist, and no settled social policy can be identified, to justify the maintenance of the present lawsuit”

Source: CourtListener parenthetical corpus (CC0).

Judges: Greaney

Read full opinion on CourtListener

Cited by

48 cases in this archive cite this case; the 20 most cited are listed.

Cites

27 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Remy v. MacDonald

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.