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lawsuitdamagesstatuteappealtrialmotionsummary judgmentworkers' compensation
lawsuitstatutemotionworkers' compensation

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Witty v. American General Capital Distributors, Inc., 727 S.W.2d 503, 55 USLW 2507

Facts

Kimberly Witty brought a lawsuit against her employer, American General Capital Distributors, Inc., after her fetus died due to alleged prenatal injuries. She sought damages under the Texas Wrongful Death Act and the Survival Statute, claiming loss of support, companionship, emotional trauma, and property damage. The trial court granted summary judgment in favor of the employer, stating that Witty's claims were barred as a matter of law because there was no live birth. The court of appeals reversed the trial court's decision regarding the wrongful death claim but upheld the denial of the survival action.

Kimberly Witty brought a lawsuit against her employer, American General Capital Distributors, Inc., after her fetus died due to alleged prenatal injuries.

Issue

Whether a mother can bring a wrongful death action for the death of her fetus under the Texas Wrongful Death Act and whether the fetus has a cause of action for prenatal injuries.

Whether a mother can bring a wrongful death action for the death of her fetus under the Texas Wrongful Death Act and whether the fetus has a cause of action for prenatal injuries.

Rule

The Texas Supreme Court ruled that the wrongful death statute requires a live birth for a cause of action to exist, and that a fetus does not have a cause of action for injury until after a live birth.

The Texas Supreme Court ruled that the wrongful death statute requires a live birth for a cause of action to exist, and that a fetus does not have a cause of action for injury until after a live birth.

Analysis

The court analyzed the language of the Texas Wrongful Death Act and determined that it explicitly requires an individual to have been entitled to bring an action for injury if they had lived. Since the fetus did not survive birth, it could not have a cause of action for its death. The court also referenced previous cases establishing that a cause of action for prenatal injuries only exists if there is a subsequent live birth.

The court analyzed the language of the Texas Wrongful Death Act and determined that it explicitly requires an individual to have been entitled to bring an action for injury if they had lived. Since the fetus did not survive birth, it could not have a cause of action for its death.

Conclusion

The Texas Supreme Court concluded that no cause of action exists under the Wrongful Death Act for the death of a fetus, and all claims for mental anguish related to the loss of the fetus are barred by the Workers' Compensation Act.

The Texas Supreme Court concluded that no cause of action exists under the Wrongful Death Act for the death of a fetus, and all claims for mental anguish related to the loss of the fetus are barred by the Workers' Compensation Act.

Who won?

American General Capital Distributors, Inc. prevailed in the case because the court ruled that Witty's claims for wrongful death and emotional distress were not legally actionable under Texas law.

American General Capital Distributors, Inc. prevailed in the case because the court ruled that Witty's claims for wrongful death and emotional distress were not legally actionable under Texas law.

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