Kwaterski v. State Farm Mutual Automobile Insurance

The narrow issue presented on this appeal is whether an eighth-month, viable unborn child, whose later stillbirth is caused by the wrongful act of another, is “a person” within the meaning of sec. 331.03, Stats. 1963, so as to give rise to a wrongful-death action by the parents of the stillborn infant.

The wrongful-death statute provides that:

“Whenever the death of a person shall be caused by a wrongful act, neglect or default and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof,…