Shelton v. DeWitte

The opinion of the court was delivered by

Allegrucci, J.:

Kenneth and Mary Jo Shelton’s daughter, who was 9 months pregnant, died in an automobile collision with a vehicle driven by Susan R. DeWitte. The Sheltons filed this wrongful death action seeking damages for the death of their daughter’s unborn viable fetus. The district court denied DeWitte’s motion for summary judgment. A jury awarded damages in the amount of $55,000 for the wrongful death of the unborn viable fetus. DeWitte appeals. The case was transferred from the Court of Appeals pursuant to K.S.A. 20-3018(c).

The question raised in…