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JUSTUS v. ATCHISON

Docket Nos. L.A. 30574, 30575.

19 Cal.3d 564 (1977)

565 P.2d 122

139 Cal. Rptr. 97

LINDA SUE JUSTUS et al., Plaintiffs and Appellants, v. JOSEPH ATCHISON et al., Defendants and Respondents. KAREN K. POWELL et al., Plaintiffs and Appellants, v. JOSEPH ATCHISON et al., Defendants and Respondents.

Supreme Court of California.

June 8, 1977.

Attorney(s) appearing for the Case

COUNSEL

Battaglia Law Corporation and Joseph C. Battaglia for Plaintiffs and Appellants.

George O. Fekete as Amicus Curiae on behalf of Plaintiffs and Appellants.

Benton, Orr, Duval & Buckingham, Edwin Duval, Archbald, Zelezny & Spray and William J. Stewart for Defendants and Respondents.

OPINION

MOSK, J.

The principal issue in this case is whether a stillborn fetus is a "person" within the meaning of the wrongful death statute. (Code Civ. Proc., § 377.) An additional question presented is whether the pleadings are sufficient to state a cause of action for emotional shock under the rule of Dillon v. Legg (1968) 68 Cal.2d 728 [69 Cal.Rptr....

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