Eich v. Town of Gulf Shores

*97JONES, Justice.

This appeal comes to us from the Circuit Court of Baldwin County as a result of the granting of a motion to dismiss appellant’s complaint on the ground that there is no cause of action for prenatal wrongful death of a stillborn fetus in Alabama.1

We hold that such an action for prenatal injury resulting in the death of an eight and one-half month old fetus can be maintained under Tit. 7, § 119, Code of Alabama 1940 (Recomp. 1958). To deny recovery where the injury is so severe as to cause the death of a fetus subsequently stillborn, and to allow recovery where injury occurs…