Farley v. Mount Marty Hospital Ass'n

HENDERSON, Justice.

This Court set a briefing schedule and hearing by Order dated December 2, 1985. *43We accept this case for ruling of an issue presented by certification filed by the Honorable John B. Jones, Judge, United States District Court, District of South Dakota, Southern Division, all pursuant to our state statute, SDCL 15-24A-1.

The sole question presented for our resolution is this: Did SDCL 21-5-1, prior to its 1984 amendment, provide a cause of action for the wrongful death of a viable unborn child? We determine that such an action is maintainable.

This case arises from the stillborn…