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Plaintiff applied for determination of separate question; whether first defendant driver owed plaintiff duty of care, breach of which gave the plaintiff a cause of action in negligence; answering separate question in the affirmative: White J
First Defendant appealed against [2001] QSC 448; whether mother can be liable to child born with disabilities from injury caused in utero by mother's negligent driving; appeal dismissed: de Jersey CJ, McPherson JA and Atkinson J