Panagopoulous v. Martin

CHRISTIE, District Judge:

This case is presently before the Court on motion of the defendants for dismissal of the claim for damages for wrongful death of Judy Machelle Panagopoulous, a stillborn child, brought by Audrey Panagopoulous, her mother, as administratrix of her estate. Defendants assert that this action, insofar as damages are claimed for the wrongful death of the stillborn child, should be dismissed for failure of the complaint to state a cause of action under West Virginia law. Our jurisdiction is based upon allegation of diversity of citizenship of the parties and requisite…