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HOPKINS v. McBANE

Civ. No. 10697.

359 N.W.2d 862 (1984)

Antoinette HOPKINS, Plaintiff and Appellant, v. R.D. McBANE, M.D., an individual, and The Mercy Hospital of Devils Lake, North Dakota, a non-profit corporation, Defendants and Appellees.

Supreme Court of North Dakota.

December 31, 1984.

Attorney(s) appearing for the Case

Robert J. Snyder, of Bickle, Coles & Snyder, Bismarck, for plaintiff and appellant.

Gerald J. Haga, of Degnan, McElroy, Lamb, Camrud, Maddock & Olson, Grand Forks, for defendant and appellee R.D. McBane.

Lee J. Balerud, of Tossett & Balerud, Minot, for defendant and appellee Mercy Hospital.

VANDE WALLE, Justice.

Antoinette Hopkins brought a wrongful-death action under Section 32-21-01, N.D. C.C., as surviving parent of Nelvette McDonald, a viable fetus whose death and resultant stillbirth, Antoinette asserts, was the result of the defendants' negligence. The district court entered a summary judgment dismissing the action on the ground that Section 32-21-01, N.D.C.C., does not authorize an action to be brought on behalf of a stillborn child. We reverse...

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