Egbert v. Wenzl

The issue in this case, not one of first impression in Nebraska, is whether an action for the wrongful death of a stillborn fetus may be maintained under section 30-809, R. R. S. 1943. We conclude that it may not, and adhere to the rule set forth in Drabbels v. Skelly Oil Co., 155 Neb. 17, 50 N. W. 2d 229 (1951).

Plaintiffs, Thomas A. and Joyce Hope Egbert, acting as the special administrator and administratrix of the estate of Baby Girl Egbert, a viable fetus bom dead, filed this wrongful death action against defendant Marcella Wenzl. Plaintiffs alleged that the defendant negligently drove…