LaDu v. Oregon Clinic, P.C.

*689HASELTON, J.

Plaintiff LaDu, in her capacity as personal representative of the estate of Baby LaDu, appeals the trial court’s order and judgment dismissing with prejudice her claim against defendants for the wrongful death of a nonviable 16-week-old fetus. The trial court granted defendants’ motion to dismiss plaintiffs claim for failure to state a claim. ORCP 21 A(8). On appeal, plaintiff asserts that the trial court erred in dismissing her claim, arguing that a 16-week-old fetus is a “person” for purposes of Oregon’s wrongful death statute. ORS 30.020. For the following reasons, we conclude…