Blackman v. Langford

This cause once more presents the issue of whether a wrongful death and survival action can be brought when a viable fetus is subsequently stillborn. Tex.Rev.Civ. Prac. & Rem.Code Ann. §§ 71.002 & 71.021 (Vernon 1986). The trial court granted the defendants’ motion for summary judgment on the ground that the wrongful death and survival statutes do not permit a cause of action for the death of a fetus. The court of appeals construed the statutes as allowing a cause of action and therefore reversed the trial court’s judgment and remanded the cause for trial. 790 S.W.2d 127 (1990). We have held…