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Keywords

lawsuitplaintiffdamagesstatutetrialsummary judgmentcase lawlegislative intent

plaintiffstatuteappellant

Related Cases

Volk v. Baldazo, 103 Idaho 570, 651 P.2d 11

Facts

On September 13, 1977, Teresa Marie Volk, who was nine months pregnant, was involved in a car accident that resulted in her unborn fetus dying shortly after the incident. The Volks filed a lawsuit seeking damages for personal injuries, property damage, and the wrongful death of their viable, unborn fetus. The trial court granted partial summary judgment, ruling that the wrongful death claim could not be maintained because a viable, unborn fetus was not considered a 'person' under Idaho's wrongful death statutes.

The complaint alleged that on September 13, 1977, plaintiff-appellant, Teresa Marie Volk, was approximately nine months pregnant and would give birth within two weeks.

Issue

Whether an action for the wrongful death of a viable yet unborn fetus states a claim upon which relief can be granted under Idaho's wrongful death statute.

The sole issue presented is whether an action for the wrongful death of a viable yet unborn fetus states a claim upon which relief can be granted under our wrongful death statute.

Rule

The court determined that a cause of action exists for the wrongful death of a viable unborn fetus, as the wrongful death statutes are remedial in nature and should be construed liberally to promote justice.

We hold that a cause of action exists under I.C. § 5–310 for the wrongful death of a viable unborn fetus.

Analysis

The court analyzed the relevant statutes and case law, concluding that the wrongful death statutes in Idaho do not exclude viable, unborn fetuses from being considered 'persons' for the purposes of maintaining a wrongful death action. The court emphasized that the legislative intent was to provide remedies for wrongful death and that denying such a claim would contradict the purpose of the statutes.

We hold rather, that the term 'minor child' marks the upper age limit beyond which a parent's cause of action may not extend under I.C. § 5–310.

Conclusion

The Supreme Court reversed the trial court's decision and remanded the case for further proceedings, affirming that a wrongful death claim can be brought for a viable, unborn fetus.

Hence the decision of the district court is reversed and the cause remanded for further proceedings consistent herewith.

Who won?

The plaintiffs, Teresa Marie Volk and her husband, prevailed in the case because the Supreme Court recognized their right to bring a wrongful death claim for their viable, unborn fetus.

The Court's opinion is sound; I write only to join battle against the semantic scalpel thrust at it by the dissent of the Chief Justice.

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