Stidam v. Ashmore

This case presents the question, hitherto undetermined in Ohio, whether an action may be maintained for the wrongful death of a viable unborn child which is subsequently stillborn.

The petition of plaintiff, appellant herein, administratrix of such a child, Patricia Sue O’Brien, alleged negligence of the defendant on March 1,1957, which proximately caused the death of such child between that date and its stillbirth on, March 6, 1957.

A demurrer to the petition was sustained and judgment of dismissal entered. This appeal is from such ruling and judgment.

The assignments of error are as follows:

1.…