Stetson v. Easterling

For purposes of decision on this appeal, we assume, but do not decide, that the facts alleged by plaintiff are sufficient to support a finding that the death of John Edward Stetson, hereafter referred to as “John,” was proximately caused by the negligence of defendants.

In Gay v. Thompson, 266 N.C. 394, 146 S.E. 2d 425, 15 A.L.R. 3d 983, this Court, passing upon a question of first impression in this jurisdiction, held that, “under our Death Act, G.S. 28-173, 174, there can be no right of action for the wrongful prenatal death of a viable child en ventre sa mere.” It was held that defendant’s…