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DiDONATO v. WORTMAN

No. 8526SC1015.

341 S.E.2d 58 (1986)

Anthony Michael DiDONATO as Administrator of the Estate of Joseph Edward DiDonato v. William J. WORTMAN, Jr., M.D., and John T. Hart, M.D.

Court of Appeals of North Carolina.

April 1, 1986.

Attorney(s) appearing for the Case

James, McElroy & Diehl by Gary S. Hemric, Charlotte, for plaintiff-appellee.

Golding, Crews, Meekins, Gordon & Gray by John G. Golding and Andrew W. Lax, Charlotte, for defendants-appellees.

EAGLES, Judge.

The only question presented by this appeal is whether a viable child en ventre sa mere who dies as a result of a third party's negligence may obtain civil redress under our wrongful death statute, G.S. 28A-18-2. On appeal, plaintiff has apparently abandoned his analogous non-statutory claim for "wrongful deprivation of life."

The Supreme Court has not passed directly on the question before us. In Gay v. Thompson,

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