Legal Opinion

State Ex Rel. Hardin v. Sanders

Supreme Court of Missouri

Decided July 12, 1976No. 59362PublishedCited by 35 opinions

1Opinion of the Court

HOLMAN, Judge.

The question for decision in this case is whether there can be a recovery under the Missouri Wrongful Death Act, Section 537.-080, V.A.M.S. for the wrongful death of a viable 1 child or fetus born dead as a result of injuries negligently inflicted en ventre sa. mere. 2 This is a question of first impression in Missouri.

Bobbie Jo and Gerald Holdner filed suit against relator in the circuit court of St. Louis City alleging that Bobbie was injured as a result of relator’s negligent operation of an automobile which also injured Bobbie’s “fetal child” resulting in its death and…

2Cases cited17 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Verkennes v. CornieaSupreme Court of Minnesota · 1949
  3. Endresz v. FriedbergNew York Court of Appeals · 1969
  4. State Ex Rel. Odham v. ShermanCourt of Appeals of Maryland · 1964
  5. Chrisafogeorgis v. BrandenbergIllinois Supreme Court · 1973

12 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Justus v. AtchisonCalifornia Supreme Court · 1977
  2. Weitl v. MoesSupreme Court of Iowa · 1981
  3. O'GRADY v. BrownSupreme Court of Missouri · 1983
  4. Stern v. MillerSupreme Court of Florida · 1977
  5. Hamby v. McDanielTennessee Supreme Court · 1977

30 more not listed; retrieve them via the Exa API.

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