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DANOS v. ST. PIERRE

No. 12755.

383 So.2d 1019 (1980)

Darrell DANOS et al. v. Terry ST. PIERRE et al.

Court of Appeal of Louisiana, First Circuit.

January 21, 1980.

Attorney(s) appearing for the Case

Darryl J. Carimi, Gretna, for petitioners and appellees.

Albert Forrest, New Iberia, John Ladd Lanier, Thibodaux, Steven B. Witman, John J. Hainkel, Jr., New Orleans, for defendants and appellants.

Lloyd T. Bourgeois, Thibodaux, Harold J. Lamy, New Orleans, for defendants and appellees.

Terry B. Loup, Baton Rouge, for plaintiffs (Suit No. 84672) and appellees.

Robert Blomefield, New Orleans, for plaintiffs (Suit No. 34002) and appellees.

EN BANC.

PER CURIAM:

A basic but delicate question confronts us on this appeal: Can a fetus whose stillbirth results from the negligence of a third person be considered a "person" for purposes of the wrongful death provisions of La.C.C. art. 2315?

The issue arises in a suit for wrongful death, personal injury and property damage brought as a result of a head-on collision.1

The collision occurred on August 23, 1975, at about 4:00...

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