Legal Opinion

Mitchell v. Couch

Court of Appeals of Kentucky (pre-1976)

Decided December 2, 1955PublishedCited by 103 opinions

1Opinion of the Court

STEWART, Chief Justice.

This is an action wherein damages are sought by the administrator for the wrongful death of an unnamed infant whose decease was alleged to have been solely caused by a prenatal injury. The lower court, after a pre-trial conference, sustained the motion of appellee, Doyle Couch, to dismiss the complaint for the reason that it failed to state a claim upon which relief may be granted. This appeal is from the order of dismissal entered.

The facts in this case, set forth by the complaint and by one deposition, namely, that of Doctor Ernest A. Golia, are: On June 27, 1953,…

2Cases cited18 opinions

  1. Woods v. LancetNew York Court of Appeals · 1951
  2. Dietrich v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1884
  3. Verkennes v. CornieaSupreme Court of Minnesota · 1949
  4. Allaire v. St. Luke's HospitalIllinois Supreme Court · 1900
  5. Bonbrest v. KotzDistrict Court, District of Columbia · 1946

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3Cited by103 opinions

  1. Smith v. BrennanSupreme Court of New Jersey · 1960
  2. Summerfield v. Superior Court, Maricopa Cty.Arizona Supreme Court · 1985
  3. Nealis v. BairdSupreme Court of Oklahoma · 1999
  4. Krishnan v. SepulvedaTexas Supreme Court · 1995
  5. State Ex Rel. Odham v. ShermanCourt of Appeals of Maryland · 1964

98 more not listed; retrieve them via the Exa API.

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