Legal Opinion
Gullborg v. Rizzo
Court of Appeals for the Third Circuit
Decided April 14, 1964No. Nos. 14454, 14455PublishedCited by 20 opinions
1Opinion of the Court
KALODNER, Circuit Judge.
Is there right of recovery under the Pennsylvania Wrongful Death1 and Survival Acts 2 for the wrongful death of a stillborn viable fetus?
*558That is the primary question presented by this appeal from the judgment of the District Court entered pursuant to a jury’s verdict awarding damages to the plaintiffs. The District Court answered the question in the affirmative and this appeal followed.3 Jurisdiction is based on diversity and Pennsylvania law applies.4
The issue is novel in the sense that the precise question has never been decided by the appellate courts of…
2Cases cited38 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Woods v. LancetNew York Court of Appeals · 1951
- Dietrich v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1884
- Verkennes v. CornieaSupreme Court of Minnesota · 1949
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3Cited by20 opinions
- Baldwin v. ButcherWest Virginia Supreme Court · 1971
- Ursula Makariw, Administratrix of the Estate of Eugen Makariw, Deceased v. Ronald C. RinardCourt of Appeals for the Third Circuit · 1964
- Kramer D. Arnold, Administrator of the Estate of Howard A. Brown, Deceased v. Emily F. Loose, of the Estate of Warren L. Loose, DeceasedCourt of Appeals for the Third Circuit · 1965
- Panagopoulous v. MartinDistrict Court, S.D. West Virginia · 1969
- Marks v. Mobil Oil Corp.District Court, E.D. Pennsylvania · 1983
15 more not listed; retrieve them via the Exa API.