Weitl v. Moes

I concur in Division I and in the result of Division II. I dissent from Division III.

The issue under Division III of the majority opinion is not whether we overrule McKillip because, as the majority points out, that case, involving a nonviable fetus, is distinguishable. Rather, the issue is whether we should expand the rule of McKillip to deny recovery for a viable fetus as well. Contrary to the assertions of the majority, denial of recovery is not mandated by our survival statute; it is in fact inimical to its very purpose. And a denial of this claim would further commit Iowa to what is…