Amadio v. Levin

The question in this case is whether there exists a cause of action for negligence on behalf of a stillborn child which survives for prosecution by the parents/administrators under the Survival Act, 42 Pa.C.S. § 8302, and whether the parents of. a stillborn child can have a cause of action under the Wrongful Death Act, 42 Pa.C.S. § 8301. The battle lines on this issue have been fairly clearly drawn in prior *209cases and the arsenals of reasoning amassed on each side have for the most part remained unchanged. I am in agreement with the result and therefore join the majority opinion. Because of…