Legal Opinion
Britt v. Sears
Indiana Court of Appeals
Decided December 29, 1971No. 371A41PublishedCited by 54 opinions
1Opinion of the CourtWhite, J.
The sole question presented in this appeal is whether, as against a motion to dismiss, an action may be maintained by a father for the wrongful death of a stillborn child alleged to be “a full term healthy male capable of independent life” with which its mother “was ... [at the time of its fatal injury] nine months and one week pregnant.” The statute on which the action here involved is predicated is IC 1971, 34-1-1-8, Ind. Ann. Stat. § 2-217 (Burns 1967) which, in pertinent part, provides:
“A father . . . may maintain an action for the . . . death of a child ....”
*489The trial court dismissed the…
2Cases cited40 opinions
- Reed v. ReedSupreme Court of the United States · 1971
- Levy v. Louisiana Ex Rel. Charity HospitalSupreme Court of the United States · 1968
- Glona v. American Guarantee & Liability InsuranceSupreme Court of the United States · 1968
- Labine v. VincentSupreme Court of the United States · 1971
- Dietrich v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1884
35 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Justus v. AtchisonCalifornia Supreme Court · 1977
- Summerfield v. Superior Court, Maricopa Cty.Arizona Supreme Court · 1985
- Nealis v. BairdSupreme Court of Oklahoma · 1999
- Krishnan v. SepulvedaTexas Supreme Court · 1995
- Mone v. Greyhound Lines, Inc.Massachusetts Supreme Judicial Court · 1975
49 more not listed; retrieve them via the Exa API.