Thibert v. Milka

At issue is whether a cause of action exists under the wrongful death statute, G. L. c. 229, § 2 (1992 ed.), on behalf of a nonviable fetus that is not born alive. On March 9, 1989, a backhoe slid off a truck operated by the defendant, William Milka,2 and collided with an automobile driven by the plaintiff’s wife, in which the plaintiff, Christopher N. Thibert, was a passenger. The plaintiff suffered injuries, and his wife, and her unborn baby, Baby Girl Thibert, were killed. Baby Girl Thibert had a gestational age of six*694teen weeks, was not viable,3 and had never lived apart from her mother..…