‘Unborn’ boy sues mom for car crash

By WND Staff

A teenager with cerebral palsy is now suing his mother for crashing her car while he was still an unborn child in her womb.

Graham Neave, 16, of Ferryden Park, Australia, has filed a legal claim against his mother, Sylvia, claiming negligence and breach of duty of care as a mother to her unborn child.

According to the Sunday Mail newspaper, Australian law says the teen needs to sue both his mother and South Australia’s compulsory third-party insurer, the Motor Accident Commission, in his effort for $3.5 million in compensation.

Sylvia Neave’s lawyer, Amanda Harley, told the paper the case was “a very interesting legal issue and it’s not something that happens very often. We are still plowing through it.”

The crash took place in 1988 when Ms. Neave, who was eight-and-a-half months pregnant with Graham, crashed her van into a tree.

In court documents, the mother denies negligence, claiming to have “fainted and lost consciousness prior to the vehicle leaving the roadway.”

Her child was delivered by Caesarean section some three hours after arriving at Queen Elizabeth Hospital.

The teen alleges he required “vigorous resuscitation” and was deprived of “oxygen-enriched blood” after his mother had a “placental abruption,” all contributing to his existing condition.

Speech problems, sign language, crutches for walking, and domestic supervision are now all part of Graham’s daily life.

Sylvia told the Sunday Mail it’s difficult to be sued by her son, but she’s accepted it as part of the legal process. Any monetary judgment would actually come from the Motor Accident Commission if she were found negligent.

As for her semi-independent son, Sylvia says, “Most things he does for himself, but he leans on me a bit. He’s amiable and he’s got a great sense of humor. He likes to listen to his music at all hours, but he hates thunderstorms.”

More details of the case are expected to be outlined today in a final-directions hearing.

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