Ledford v. Martin

PARKER, Judge.

The disposition of plaintiffs’ appeal on their cause of action for the wrongful death of their stillborn child is controlled by the decision of our Supreme Court in DiDonato v. Wortman, 320 N.C. 423, 358 S.E. 2d 489 (1987). Accordingly, we reverse the decision of the trial court as to that claim.

Defendant contends that the cause of action for the wrongful death of the fetus should still be dismissed as it was not brought by the personal representative of the deceased as required by G.S. 28A-18-2(a). See Young v. Marshburn, 10 N.C. App. 729, 180 S.E. 2d 43, cert. denied, 278 N.C.…