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BLACKMAN v. LANGFORD

No. D-0130.

795 S.W.2d 742 (1990)

Terry Lee BLACKMAN, Julie Barnes Webb, and Claudia Webb Blackman, Petitioners, v. Alice Foxworth LANGFORD and Mark Edward Langford, Sr., Individually, and as Parents of their Deceased Child, Robert Benjamin Langford, Respondents.

Supreme Court of Texas.

September 19, 1990.

Attorney(s) appearing for the Case

Ruben Hope, W. Scott Coleman, Conroe, for petitioners.

B.D. Griffin, Conroe, T. Gerald Treece, Houston, for respondents.

PER CURIAM.

This cause once more presents the issue of whether a wrongful death and survival action can be brought when a viable fetus is subsequently stillborn. Tex.Rev.Civ. Prac. & Rem.Code Ann. §§ 71.002 & 71.021 (Vernon 1986). The trial court granted the defendants' motion for summary judgment on the ground that the wrongful death and survival statutes do not permit a cause of action for the death of a fetus. The court of appeals construed the...

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