WEITL v. MOES

No. 64843.

311 N.W.2d 259 (1981)

Linda WEITL, Gregory B. Weitl, and Roberta Bennett, Robert Bennett, Jr., & Gregory E. Weitl, Jr., by their mother and next friend, Linda Weitl, and Gregory Weitl as Administrator of the Estate of Kelly Weitl, Appellants, v. John R. MOES, John Ramsey, Albert M. Dolan and St. Francis Hospital of Franciscan Sisters, Appellees.

Supreme Court of Iowa.

October 21, 1981.


Attorney(s) appearing for the Case

Jim D. DeKoster of Swisher & Cohrt, Waterloo, and Timothy S. White, Cedar Rapids, for appellants.

William M. Tucker and Richard M. Tucker of Phelan, Tucker, Boyle & Mullen, Iowa City, Walter C. Schroeder of Winston, Schroeder & Reuben, Mason City, Edward J. Gallagher, Jr., of Gallagher, Langlas & Gallagher, P. C., Waterloo, and James E. Walsh, Jr., of Clark, Butler & Walsh, Waterloo, for appellees.

Nick Critelli of Critelli & Foxhoven, P. C., Des Moines, for amicus curiae Association of Trial Lawyers of Iowa.

Considered en banc.


ALLBEE, Justice.

Two important questions are presented by this appeal: (1) whether a child may maintain an action for loss of parental society and companionship when the parent is injured by the tortious act of a third party, and (2) whether a wrongful death action lies in behalf of a fetus which is stillborn due to a tortious injury to the mother. Trial court, in recognition of prior precedent, found that neither cause...

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