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CHRISAFOGEORGIS v. BRANDENBERG

No. 45060.

55 Ill.2d 368 (1973)

304 N.E.2d 88

GUST CHRISAFOGEORGIS, Admr., Appellant, v. RICHARD BRANDENBERG et al., Appellees.

Supreme Court of Illinois.

Rehearing denied November 28, 1973.

Attorney(s) appearing for the Case

KARLIN, KARLIN & FLEISHER, and MILLER & RIBSTEIN, both of Chicago (BARRY M. WOLDMAN, of counsel), for appellant.

HINSHAW, CULBERTSON, MOELMANN, HOBAN & FULLER, of Chicago (D. KENDALL GRIFFITH and DENNIS J. HORAN, of counsel), for appellees.

Reversed and remanded.

MR. JUSTICE WARD delivered the opinion of the court:

The question presented is whether there can be recovery under the Illinois Wrongful Death Act (Ill. Rev. Stat. 1971, ch. 70, pars. 1 and 2) for the wrongful death of a viable child or fetus born dead as a result of injuries negligently inflicted en ventre sa mere.

On September 1, 1966, Mrs. Donna Chrisafogeorgis, while in her 36th week of pregnancy, was struck by an...

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