JUSTICE v. BOOTH MATERNITY CENTER


345 Pa.Super. 529 (1985)

498 A.2d 950

Georgette JUSTICE and Richard Mays, Administrators of the Estate of Rafiki Mays, Deceased, and Georgette Justice and Richard Mays, in their own right, Appellants, v. BOOTH MATERNITY CENTER and Phillip Glass, M.D.

Supreme Court of Pennsylvania.

Filed September 20, 1985.


Attorney(s) appearing for the Case

Mark I. Bernstein, Philadelphia, for appellants.

Donald J. Sweeney, Philadelphia, for Booth, appellee.

Before ROWLEY, McEWEN and HOFFMAN, JJ.


HOFFMAN, Judge:

This appeal is from an order sustaining preliminary objections in the nature of a demurrer to appellants' amended complaint.1 Appellants raise four issues in their brief:

1. May the Administrators of the estate of a stillborn child and the father of the child, in his own right, recover damages for the death of the child during childbirth caused by the negligence of the attending obstetrician? 2. May the...

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