Estate of Baby Foy Ex Rel. Foy v. Morningstar Beach Resort, Inc.

MEMORANDUM OPINION AND ORDER

At issue in this motion for summary judgment is whether a fetus which has reached 16 to 18 weeks of age can be considered a “person” for purposes of the Virgin Islands Wrongful Death Statute. Since we find it cannot, partial summary judgment will enter in favor of the defendant.

I. FACTS

On July 17, 1982, an employee of Morningstar Beach Resort (“Morningstar”) was involved in a traffic accident with the plaintiff, Eugenie Foy (“Ms. Foy”). At the time of the accident Ms. Foy was pregnant carrying a 16- to 18-week fetus (“Baby Foy”). Ms. Foy miscarried the fetus as a…