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SUMMERFIELD v. SUPERIOR COURT, MARICOPA CTY.

No. 17607-SA.

144 Ariz. 467 (1985)

698 P.2d 712

Jack SUMMERFIELD and Charlene Summerfield, husband and wife, individually, and as surviving parents of Baby Girl Summerfield, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, Hon. Marilyn A. Riddel, a judge thereof, and James Colleen, M.D., and Jane Doe Colleen, husband and wife, and Richard Lott, M.D. and Jane Doe Lott, husband and wife, real parties in interest, Respondents.

Supreme Court of Arizona, En Banc.

April 24, 1985.

Attorney(s) appearing for the Case

Friedl & Richter by Joseph C. Richter, Phoenix, for petitioners.

Teilborg, Sanders & Parks by Frank A. Parks, Phoenix, for respondents.

Arizona Trial Lawyers Assoc., Langerman, Begam, Lewis & Marks by Amy G. Langerman and William B. Revis, Chairman, amicus curiae Committee, Phoenix, for amicus curiae.

Haralson, Kinerk & Morey by Carter Morey, Denneen L. Peterson, Tucson, for amicus curiae: Erickson.

FELDMAN, Justice.

This case presents the question of whether a wrongful death action can be maintained by the Summerfields (plaintiffs), the parents of a viable fetus that was stillborn as a result of alleged medical malpractice by the respondent real parties in interest (defendants). The trial court granted the defendants' motion to dismiss the wrongful death count on the authority of Kilmer v. Hicks, 22 Ariz.App. 552

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