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KWATERSKI v. STATE FARM MUT. AUTOMOBILE INS. CO.

34 Wis.2d 14 (1967)

KWATERSKI and another, Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and another, Respondents.

Supreme Court of Wisconsin.

February 8, 1967.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Edward P. Rudolph of Milwaukee.

For the respondents there was a brief by Kivett Kasdorf, attorneys, and Nonald J. Lewis of counsel, all of Milwaukee, and oral argument by Mr. Lewis.

WILKIE, J.

The narrow issue presented on this appeal is whether an eighth-month, viable unborn child, whose later stillbirth is caused by the wrongful act of another, is "a person" within the meaning of sec. 331.03, Stats. 1963, so as to give rise to a wrongful-death action by the parents of the stillborn infant.

The wrongful-death statute provides that:

"Whenever the death of a person shall be caused by wrongful act, neglect or default and the act...

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