Tew v. Estate of Doe

GRAVES, Justice,

for the Court.

¶ 1. Unborn infant Jane Doe was killed along with her mother, Jennifer Parker Smith, in an automobile accident on May 31, 1999, in Neshoba County, Mississippi. At the time of her death, Smith was in her late third trimester of pregnancy with unborn Jane Doe.

¶ 2. Jennifer Smith was married to David Smith at the time of her death. However, they were separated and living apart from one another since December 1994. David Smith executed an affidavit stating that he was not the father of Jane Doe. Further, the chancery court adjudicated that Bradley Tew was the natural…