Bolin v. Wingert

SHEPARD, Chief Justice.

In a case of first impression under Indiana's Child Wrongful Death Statute, we address the question whether an eight-to ten-week-old fetus fits the definition of "child." We conclude that it does not.

Facts and Procedural History

While driving on April 13, 1996, Rebecea Bolin stopped her car in the roadway, waiting for the car in front of her to turn. Brandon Wingert struck Bolin's vehicle from behind, and Bolin suffered several injuries, including a miscarriage. Bolin was eight to ten weeks pregnant at the time.

On February 5, 1998, Bolin and her husband Calvin filed…