Shaw v. Jendzejec

DANA, Justice.

[¶ 1] Charmaine B. Shaw, the personal representative of the estate of Thomas L. Shaw, IV, appeals from a summary judgment entered in the Superior Court (York County, Calkins, J.) in favor of the defendants, Stephen M. Jendzejee, York Family Practice, and York Hospital, on her wrongful death claim. Shaw asks us to overturn our decision in Milton v. Cary Med. Ctr., 538 A.2d 252 (Me.1988), and hold that a viable fetus is a “person” whose heirs are entitled to maintain a cause of action pursuant to Maine’s wrongful death statute, 18-A M.R.S.A. § 2-804 (1998). We affirm the judgment.

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