Wallace v. Wallace

The issue in this interlocutory transfer without ruling by Mullavey, J., is whether a death action may be *676maintained under RSA 556:11 on behalf of an aborted nonviable fetus.

On January 27, 1978, the plaintiff was a passenger in a motor vehicle being driven by the defendant. Through the defendant’s alleged negligence, the vehicle left the road, colliding with a telephone pole. The plaintiff claims to have received personal injuries; she further asserts that the accident caused injury to, and the death of, the male fetus that she was carrying, then 10 to 12 weeks old. The plaintiff, having been…