Legal Opinion

Weitl v. Moes

Supreme Court of Iowa

Decided October 21, 1981No. 64843PublishedCited by 96 opinions

1Opinion of the Court

*261ALLBEE, Justice.

Two important questions are presented by this appeal: (1) whether a child may maintain an action for loss of parental society and companionship when the parent is injured by the tortious act of a third party, and (2) whether a wrongful death action lies in behalf of a fetus which is stillborn due to a tortious injury to the mother. Trial court, in recognition of prior precedent, found that neither cause of action is cognizable in Iowa, and accordingly dismissed two counts of plaintiffs’ petition. We affirm the dismissal of the wrongful death claim, but reinstate the action for…

Also in this document: Concurrence.

2Cases cited50 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
  3. Carey v. Population Services InternationalSupreme Court of the United States · 1977
  4. Justus v. AtchisonCalifornia Supreme Court · 1977
  5. Ferriter v. Daniel O'Connell's Sons, Inc.Massachusetts Supreme Judicial Court · 1980

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3Cited by96 opinions

  1. Norwest v. Presbyterian Intercommunity HospitalOregon Supreme Court · 1982
  2. Reagan v. VaughnTexas Supreme Court · 1991
  3. Lee v. Colorado Department of HealthSupreme Court of Colorado · 1986
  4. Goetzman v. WichernSupreme Court of Iowa · 1982
  5. Ueland v. Pengo Hydra-Pull Corp.Washington Supreme Court · 1984

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