Volk v. Baldazo

SHEPARD, Justice.

This appeal is from a partial summary judgment granted defendants on the ground that plaintiffs-appellants failed to state a claim upon which relief could be granted. The trial court order granting partial summary judgment was certified for appeal pursuant to I.R.C.P. 54(b). The sole issue presented is whether an action for the wrongful death of a viable yet unborn fetus states a claim upon which relief can be granted under our wrongful death statute. We reverse and hold that a claim is stated.

At this procedural juncture the allegations of the complaint are considered as…