Carpenter Ex Rel. Carpenter v. Bishop

Robert H. Dudley, Justice.

The primary issue in this case is whether a viable fetus born dead has a cause of action against a mother who negligently caused the death of the fetus. The trial judge granted a judgment on the pleadings. ARCP Rule 12(c). We affirm.

Because of the procedure below, we take the factual allegations of the complaint as true. Those facts are that the mother, Sheryl Carpenter, was eight and one-half months pregnant when she negligently drove an automobile into a bridge abutment, killing herself and the viable fetus. Carey Carpenter, as father and next friend, filed suit…