Jasinsky v. Potts

The sole question raised by the demurrer to plaintiff’s petition in this case is: Does an administrator of the estate of a child who, while viable, suffered a prenatal injury through the alleged negligent act of another and who died approximately three months after its birth as a result of such injury have a cause of action under the wrongful-death statute against such other for damages for the benefit of the parents of such infant?

In the recent case of Williams, an Infant, v. Marion Rapid Transit, Inc., 152 Ohio St., 114, 87 N. E. (2d), 334, this court held that an unborn viable child…