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IN RE ESTATE OF FONTAINE

No. 86-033.

128 N.H. 695 (1986)

In re ESTATE OF INFANT FONTAINE

Supreme Court of New Hampshire.

October 3, 1986.

Attorney(s) appearing for the Case

Upton, Sanders & Smith, of Concord (Ernest T. Smith, III, on the brief and orally), for the plaintiff, Peter Fontaine, Administrator.

Kfoury & Elliott, of Manchester (Martin K. Glennon on the brief and orally), for the defendant, New Hampshire Insurance Company.

KING, C.J.

This appeal from a denial by the Sullivan County Probate Court (Spanos, J.) of a petition for distribution presents the question of how to distribute a wrongful death award to the estate of a viable fetus, when one of the estate's two beneficiaries was found to be fifty percent negligent in causing the death of the fetus. We hold that the liability of the defendant insurance company is not reduced by the beneficiary's comparative negligence. We also...

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