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DUNCAN v. FLYNN

No. 51299.

358 So.2d 178 (1978)

Morace C. DUNCAN, Petitioner, v. John D. FLYNN, M.D., et al., Respondents.

Supreme Court of Florida.

Rehearing Denied May 24, 1978.

Attorney(s) appearing for the Case

Robert Orseck of Podhurst, Orseck & Parks, Susan Goldman, Miami, and Wagner, Cunningham, Vaughan & Genders, Tampa, for petitioner.

John I. Van Voris and Charles P. Schropp of Schackleford, Farrior, Stallings & Evans and T. Paine Kelly, Jr. and Claude H. Tison, Jr. of MacFarlane, Ferguson, Allison & Kelly, Tampa, for respondents.

ENGLAND, Justice.

Morace Duncan has brought to us for review a decision of the Second District Court of Appeal1 holding (1) that an unborn fetus is not a "person" within the meaning of Florida's former Wrongful Death Act,2 and (2) that a child is not "born alive", for purposes of the wrongful death statute, until he or she acquires an existence separate and independent from the mother. The district court's...

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