EGBERT v. WENZL

No. 41208.

260 N.W.2d 480 (1977)

199 Neb. 573

Thomas A. EGBERT and Joyce Hope Egbert, Special Administrator and Special Administratrix of the Estate of Baby Girl Egbert (mother, Joyce), Deceased, Appellants, v. Marcella WENZL, Appellee.

Supreme Court of Nebraska.

December 14, 1977.


Attorney(s) appearing for the Case

Charles R. H. Kluver, of Hotz, Kluver & Kizer, Omaha, for appellants.

David A. Svoboda, of Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ.


BRODKEY, Justice.

The issue in this case, not one of first impression in Nebraska, is whether an action for the wrongful death of a stillborn fetus may be maintained under section 30-809, R.R.S.1943. We conclude that it may not, and adhere to the rule set forth in Drabbels v. Skelly Oil Co., 155 Neb. 17, 50 N.W.2d 229 (1951).

Plaintiffs, Thomas A. and Joyce Hope Egbert, acting as...

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