Kilmer v. Hicks

OPINION

HATHAWAY, Chief Judge.

This appeal arises from the granting of defendants’ motion for summary judgment in a wrongful death action. The action was brought for the death of Diane Marie Kilmer, the unborn daughter of appellant.

Evelyn P. Kilmer, wife of appellant, was killed in an automobile accident on December 7, 1972, allegedly caused by Mr. Hicks. Her death was essentially instantaneous. She was then over 9 months pregnant. The expected date of delivery was December 5, 1972. According to the certificate of fetal death, the fetus died of fetal anoxia caused by the pre-partum maternal…