Legal Opinion
O'NEILL v. Morse
Michigan Supreme Court
Decided July 7, 1971No. 16 January Term 1971, Docket No. 52,693PublishedCited by 85 opinions
1Opinion of the CourtT. E. Brennan, J.
The case before us is indistinguishable upon its facts from the case of Powers v. City of Troy (1968), 380 Mich 160.
The complaint here alleges that plaintiff’s decedent, Baby Boy Pinet, was an eight-month-old viable infant en ventre sa mere at the time of the injury which caused his death.
Action was brought under Michigan’s wrongful death statute. MCLA § 600.2922 (Stat Ann 1971 Cum Supp §27A.2922). By motion for summary judgment, defendants raised the issue of whether the plaintiff’s decedent was a person within the meaning of that statute.
Plaintiff answered the motion, contending that his…
2Cases cited5 opinions
- Breckon v. Franklin Fuel Co.Michigan Supreme Court · 1970
- Womack v. BuchhornMichigan Supreme Court · 1971
- In Re Olney's EstateMichigan Supreme Court · 1944
- Newman v. City of DetroitMichigan Supreme Court · 1937
- Powers v. City of TroyMichigan Supreme Court · 1968
3Cited by85 opinions
- Justus v. AtchisonCalifornia Supreme Court · 1977
- Summerfield v. Superior Court, Maricopa Cty.Arizona Supreme Court · 1985
- Nealis v. BairdSupreme Court of Oklahoma · 1999
- Krishnan v. SepulvedaTexas Supreme Court · 1995
- O'GRADY v. BrownSupreme Court of Missouri · 1983
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