GULLBORG v. RIZZO

Nos. 14454, 14455.

331 F.2d 557 (1964)

William H. GULLBORG, Administrator of the Estate of Baby Gullborg, deceased, on behalf of the Estate of Baby Gullborg, deceased, et al. v. Frank J. RIZZO, Jr., Fern Hazlett Butcher and Rodolf C. Hernandez, Frank J. Rizzo, Jr., Appellants.

United States Court of Appeals Third Circuit.

Decided April 14, 1964.

As Amended May 12, 1964.


Attorney(s) appearing for the Case

William J. Lancaster, Pittsburgh, Pa., for appellants.

Seymour A. Sikov, Pittsburgh, Pa., for appellees (Wirtzman, Sikov & Love, Pittsburgh, Pa., on the brief).

Before McLAUGHLIN, KALODNER and GANEY, Circuit Judges.


KALODNER, Circuit Judge.

Is there right of recovery under the Pennsylvania Wrongful Death1 and Survival Acts2 for the wrongful death of a stillborn viable fetus?

That is the primary question presented by this appeal from the judgment of the District Court entered pursuant to a jury's verdict awarding damages to the plaintiffs. The District Court answered the...

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