GAY v. THOMPSON

No. 207.

146 S.E.2d 425 (1966)

266 N.C. 394

Earl E. GAY, Administrator of the Estate of Baby Gay, Deceased, v. Dr. G. R. C. THOMPSON, Dr. C. J. Powell, Dr. Robert W. Nicholson, and Dr. J. B. Lounsbury.

Supreme Court of North Carolina.

February 4, 1966.


Attorney(s) appearing for the Case

Burney & Burney, Marshall & Williams, and A. Dumay Gorham, Wilmington, for defendant appellant, Dr. G. R. C. Thompson.

Aaron Goldberg, Wilmington, and Eugene H. Phillips, Winston-Salem, for plaintiff appellee.


PARKER, Justice.

The sole question for decision in this case is whether there is a right of action under our wrongful death statute, G.S. §§ 28-173, 28-174, by the administrator of a stillborn child who died as a proximate result of tortious injuries to his mother and himself while en ventre sa mere, when the child was viable at the time of the injuries. This is a case of novel impression in this State.

The common law, adopted as the law of...

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