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LEDFORD v. MARTIN

No. 8717SC33.

359 S.E.2d 505 (1987)

Lillian B. LEDFORD and John B. Ledford v. Rosemary M. MARTIN, Executrix for the Estate of Donion R. Martin.

Court of Appeals of North Carolina.

September 1, 1987.

Attorney(s) appearing for the Case

Maxwell, Freeman and Beason, P.A. by James B. Maxwell, Durham, for plaintiffs-appellants.

Smith, Anderson, Blount, Dorsett, Mitchell and Jernigan by Samuel G. Thompson and William H. Moss, Raleigh, for defendant-appellee.

PARKER, Judge.

The disposition of plaintiffs' appeal on their cause of action for the wrongful death of their stillborn child is controlled by the decision of our Supreme Court in DiDonato v. Wortman, ___ N.C. ___, 358 S.E.2d 489. Accordingly, we reverse the decision of the trial court as to that claim.

Defendant contends that the cause of action for the wrongful death of the fetus should still be dismissed as it...

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