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O'NEILL v. MORSE

No. 16 January Term 1971, Docket No. 52,693.

385 Mich. 130 (1971)

188 N.W.2d 785

O'NEILL v. MORSE

Supreme Court of Michigan.

Decided July 7, 1971.

Attorney(s) appearing for the Case

Cicinelli, Mossner, Majoros, Harrigan & Alexander, for plaintiff.

Smith & Brooker, P.C. (by Webster Cook and Mona C. Doyle,) for defendant Gary R. Root.

Heilman, Purcell, Tunison & Cline, for defendants Eldon Morse and Bernice Morse.

T.E. BRENNAN, J.

The case before us is indistinguishable upon its facts from the case of Powers v. City of Troy (1968), 380 Mich. 160.

The complaint here alleges that plaintiff's decedent, Baby Boy Pinet, was an eight-month-old viable infant en ventre sa mere at the time of the injury which caused his death.

Action was brought under Michigan's wrongful death statute. MCLA § 600.2922 (Stat...

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