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WALLACE v. WALLACE

No. 79-457.

120 N.H. 675 (1980)

MAUREEN WALLACE, INDIVIDUALLY AND AS ADMINISTRATRIX FOR THE ESTATE OF BABY BOY WALLACE & a. v. ROBERT M. WALLACE

Supreme Court of New Hampshire.

October 2, 1980.

Attorney(s) appearing for the Case

Burns, Bryant, Hinchey, Cox & Shea, of Dover (Paul R. Cox orally), for the plaintiffs.

Fisher, Parsons & Moran, of Dover (Edward T. Clancy orally), for the defendant.

GRIMES, C.J.

The issue in this interlocutory transfer without ruling by Mullavey, J., is whether a death action may be maintained under RSA 556:11 on behalf of an aborted nonviable fetus.

On January 27, 1978, the plaintiff was a passenger in a motor vehicle being driven by the defendant. Through the defendant's alleged negligence, the vehicle left the road, colliding with a telephone pole. The plaintiff claims...

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