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LUFF v. HAWKINS

551 A.2d 437 (1988)

Jeffrey LUFF, individually and as Administrator of the Estate of Brandon Lee Surguy, and Anastasia Surguy, Plaintiffs, v. Barton Jansen HAWKINS, John Edward Voshell, and Jean Elaine Voshell, his wife, Defendants.

Superior Court of Delaware, Kent County.

Decided: June 30, 1988.

Attorney(s) appearing for the Case

William D. Fletcher, Jr. and Charles E. Whitehurst of Schmittinger and Rodriguez, P.A., Dover, Del., for plaintiffs.

Robert K. Pearce of Trzuskowski, Kipp, Kelleher & Pearce, P.A., Wilmington, Del., for defendants Voshell.

James F. Bailey, Wilmington, Del., for defendant Hawkins.

OPINION

RIDGELY, Judge.

In this wrongful death action, defendants Voshell challenge the standing of plaintiff Jeffrey Luff to sue individually for the wrongful death of a viable fetus killed in an automobile accident.1 The fetus was subsequently delivered stillborn and named Brandon Lee Surguy. Defendants have moved for partial summary judgment, contending that Mr. Luff has not qualified...

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