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EICH v. TOWN OF GULF SHORES

SC 779.

300 So.2d 354 (1974)

Charlotte EICH, as Mother of her unborn child, Deceased v. The TOWN OF GULF SHORES, Alabama, et al.

Supreme Court of Alabama.

September 12, 1974.

Attorney(s) appearing for the Case

Joseph J. Boswell, Patrick M. Sigler, and B. Nicholas Kearney, Mobile, for appellant.

Donald F. Pierce and Benjamen T. Rowe, Mobile, for appellees.

JONES, Justice.

This appeal comes to us from the Circuit Court of Baldwin County as a result of the granting of a motion to dismiss appellant's complaint on the ground that there is no cause of action for prenatal wrongful death of a stillborn fetus in Alabama.1

We hold that such an action for prenatal injury resulting in the death of an eight and one-half month old fetus can be maintained under Tit. 7, § 119, Code of Alabama...

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