Leal v. C. C. Pitts Sand & Gravel, Inc.

BARROW, Chief Justice.

This is an action by parents for wrongful death of their infant daughter as a result of injuries sustained in an automobile collision when the mother was about six or seven months pregnant. Appellants alleged that shortly after the accident the mother commenced having labor pains and after hard labor the infant was born prematurely and died two days later. The question presented is whether Texas Courts recognize a cause of action under the Wrongful Death Statute (Arts. 4671-4678, Vernon’s Ann.Civ.St.), based on a prenatal injury to a viable child born alive, but dying as…