Nelson v. Peterson

ELLETT, Justice:

This is an appeal from an adverse judgment based in an action for the wrongful death of a full-term fetus together with damages for the pain and suffering allegedly caused by the negligent care of plaintiff in connection with the delivery of her stillborn baby. She assigns three grounds of error, viz.:

1. The verdict was against the manifest weight of the evidence.

2. The court erred in allowing testimony concerning the child’s father and the plaintiff’s status as a welfare recipient.

3. The court refused to permit recovery for the wrongful death of a full-term viable fetus.

The…