Jilek v. Colonial Penn Insurance Co.

WARD, Judge.

Ernest J. Jilek, III appeals a judgment sustaining an exception of no cause of action filed by Colonial Penn Insurance Company. The judgment dismissed Jilek’s suit for damages for the loss of two unborn children and for his mental anxiety and anguish caused by the losses. We believe the Trial Judge correctly found that Jilek’s petition does not state a cause of action and therefore affirm the judgment.

An automobile in which Ernest Jilek’s wife, Kathleen Jilek, was a guest passenger was struck by a vehicle driven by Rebecca Covert, Colonial Penn’s insured. This case is the second…