Hopkins v. McBane

VANDE WALLE, Justice.'

Antoinette Hopkins brought a wrongful-death action under Section 32-21-01, N.D. C.C., as surviving parent of Nelvette McDonald, a viable fetus whose death and resultant stillbirth, Antoinette asserts, was the result of the defendants’ negligence. The district court entered a summary judgment dismissing, the action on the ground that Section 32-21-01, N.D.C.C., does not authorize an action to be brought on behalf of a stillborn child. We reverse and remand for a trial on the merits.

At the time the alleged negligence of the doctor and hospital occurred, Antoinette was in…