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LANGFORD v. BLACKMAN

No. 09-89-059 CV.

790 S.W.2d 127 (1990)

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

Court of Appeals of Texas, Beaumont.

Rehearing Denied June 21, 1990.

Attorney(s) appearing for the Case

B.D. Griffin, Hopkins & Corley, Conroe, T. Gerald Treece, Houston, for appellants.

Ruben Hope, Jr., W. Scott Goleman, Ruben Hope & Associates, Conroe, for appellees.

OPINION

BROOKSHIRE, Justice.

Appeal from the granting of a summary judgment. The paramount question is: Does a cause of action, under Texas law, exist for the wrongful death (negligently inflicted) of a "viable" but not naturally born child, Robert B. Langford? Appellants take the position that Robert Langford was a "viable fetus". A basic stipulation is that one of the defendants below, Terry Lee Blackman, operated his motor vehicle negligently and thereby...

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