Hamby v. McDaniel

OPINION

FONES, Justice.

Certiorari was granted in this case to reexamine prior judicial interpretations of the Wrongful Death Statute, that a viable fetus suffering tortious injury en ventre sa mere does not come within the intendment of the statute, unless born alive.

The Hambys ask that we extend the scope of the Wrongful Death Statute by holding that a viable fetus is a person within the meaning and intent of T.C.A. 20-607.

A majority of the Court adheres to the rule established in Hogan v. McDaniel, 204 Tenn. 235, 319 S.W.2d 221 (1958), and Shousha v. Matthews Drivurself Service, Inc., 210…