WERLING v. SANDY

No. 84-814.

17 Ohio St. 3d 45 (1985)

WERLING, ADMX., APPELLANT, v. SANDY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 24, 1985.


Attorney(s) appearing for the Case

Huffman, Landis & Weaks, Robert J. Huffman, Jose M. Lopez and Raymond L. Landis, for appellant.

Gooding, Evans & Huffman and C. Bradford Kelley, for appellees Drs. Sandy and Thompson and Lima Group Family Physicians.

Oxley, Malone, Fitzgerald & Hollister and Michael J. Malone, for appellee Lima Memorial Hospital.

Her & Ellerin and Don C. Her, urging reversal for amicus curiae Ohio Academy of Trial Lawyers.

Condit & Dressing Co., L.P.A., James J. Condit and Steven F. McDowell, urging reversal for amicus curiae Catholic League for Religious and Civil Rights.


HOLMES, J.

Today, this court is confronted with the certified issue of whether an action for wrongful death exists under R.C. 2125.01 where the decedent was a stillborn fetus. More specifically, we are asked to determine whether the statutory beneficiaries of an unborn fetus are entitled to damages for the wrongful death of the fetus where both the alleged negligently inflicted injury and death of the child occurred before birth. To resolve this issue necessarily...

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