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ESTATE OF BABY FOY v. MORNINGSTAR BEACH RESORT

Civ. No. 1983/210.

635 F.Supp. 741 (1986)

The ESTATE OF BABY FOY, by its Administratrix, Eugenie FOY, and Eugenie Foy, on her own behalf, Plaintiffs, v. MORNINGSTAR BEACH RESORT, INC., Defendant/Third Party Plaintiff, v. Denise DONOVAN, Third Party Defendant.

District Court, Virgin Islands, D. St. Thomas and St. John.

May 27, 1986.

Attorney(s) appearing for the Case

Desmond L. Maynard, St. Thomas, U.S. V.I., for Plaintiff.

James L. Hymes, III, St. Thomas, U.S. V.I., for defendant Morningstar Beach Resort.

Denise Donovan, pro se.

MEMORANDUM OPINION AND ORDER

DAVID V. O'BRIEN, District Judge.

At issue in this motion for summary judgment is whether a fetus which has reached 16 to 18 weeks of age can be considered a "person" for purposes of the Virgin Islands Wrongful Death Statute. Since we find it can not, partial summary judgment will enter in favor of the defendant.

I. FACTS

On July 17, 1982, an employee of Morningstar Beach Resort, ("Morningstar"), was involved...

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