McKillip v. Zimmerman

MOORE, Chief Justice.

The question presented to this court for the first time is whether a personal representative may maintain a damage action for wrongful death of a nonviable unborn child caused by an automobile collision.

On September 12, 1968 automobiles driven by plaintiff, Judy McKillip, and defendant, Ada Zimmerman Gaines, collided at an Iowa City intersection. Mrs. McKillip was injured. She was then one month pregnant. On July. 28, 1969 a three division petition was filed alleging defendant’s negligence caused the accident.

In division I Judy McKillip in her own right claims $52,000…