McCASKILL v. HOUSING AUTHORITY


419 Pa.Super. 313 (1992)

615 A.2d 382

Theresa McCASKILL and Theresa McCaskill, Administratrix of the Estate of Baby Boy McCaskill, Deceased and Theresa McCaskill & Charles R. Rone, Jr., in Their Own Right as Parents and Natural Guardians of Baby Boy McCaskill, Deceased, Appellants, v. PHILADELPHIA HOUSING AUTHORITY, Pennsylvania Municipal Corporation and City of Philadelphia and Philadelphia Electric Company, a Pennsylvania Corporation and Philadelphia Facilities Management Corporation, a Pennsylvania Corp. d/b/a Philadelphia Gas Works and Philadelphia Gas Works, a Business Entity.

Superior Court of Pennsylvania.

Filed October 21, 1992.


Attorney(s) appearing for the Case

Alan I. Lourie, Asst. Public Defender, Philadelphia, for appellants.

Susan L. Claypoole, Medford, New Jersey, for appellees.

Before JOHNSON, FORD ELLIOTT and HOFFMAN, JJ.


JOHNSON, Judge:

Theresa McCaskill appeals the grant of preliminary objections in the nature of a demurrer in favor of the Philadelphia Housing Authority (PHA). We affirm.

McCaskill asserts two issues for our review: (1) whether a wrongful death and survival action can be maintained on behalf of a fetus which spontaneously aborted at seventeen weeks of gestational age and (2) whether an action for loss of consortium can be maintained by McCaskill, as a parent...

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