Mone v. Greyhound Lines, Inc.

The plaintiff brought this action as administrator2 of the estate of Dennis Brelsford, Jr., seeking to recover for the wrongful death of the child pursuant to G. L. c. 229, § 2.3 The defendants filed a motion for summary judgment, Mass. R. Civ. P. 56, 365 Mass. 824 (1974), on the ground that the “plaintiff’s intestate is a stillborn infant who was never born alive.” The judge allowed the motion under the authority of Leccese v. McDonough, 361 Mass. 64 (1972), and dismissed the action. The plaintiff appealed. We reverse. We hold that a fetus is a person for purposes of our wrongful death…