Legal Opinion
Wiersma v. MAPLE LEAP FARMS
South Dakota Supreme Court
Decided February 14, 1996No. NonePublishedCited by 56 opinions
1Opinion of the Court
KONENKAMP, Justice (on reassignment).
[¶ 1] In answer to a certified question from the United States District Court, we conclude a cause of action exists in South Dakota for the wrongful death of a nonviable unborn child.
FACTS
[¶ 2] Beth Wiersma contracted salmonella poisoning after eating a portion of Maple Leaf Farms’ chicken cordon bleu. When she was hospitalized on October 8, 1990, she was 7.3 weeks pregnant. Her baby died in útero: an ultrasound test on October 21 revealed no fetal heart sounds. All agree, the child was not viable, thus incapable of living outside the uterus. Beth and her…
2Cases cited23 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992
- Porter v. LassiterCourt of Appeals of Georgia · 1955
- Simpson v. TobinSouth Dakota Supreme Court · 1985
- US West Communications, Inc. v. Public Utilities CommissionSouth Dakota Supreme Court · 1993
18 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Nealis v. BairdSupreme Court of Oklahoma · 1999
- Bolin v. WingertIndiana Supreme Court · 2002
- Maynard v. HeerenSouth Dakota Supreme Court · 1997
- State Ex Rel. Department of Transportation v. ClarkSouth Dakota Supreme Court · 2011
- City of Sioux Falls v. EwoldtSouth Dakota Supreme Court · 1997
51 more not listed; retrieve them via the Exa API.