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STRZELCZYK v. JETT

No. 93-173.

870 P.2d 730 (1994)

Alexa M. STRZELCZYK, Individually, and as Personal Representative of the Estate of John Matthew Strzelczyk, deceased; and Alexa M. Strzelczyk as next friend of Jeremiah S. Strzelczyk, and Amanda M. Strzelczyk, minors, Plaintiffs, v. Stanley JETT, M.D., Defendant.

Supreme Court of Montana.

Decided March 17, 1994.

Attorney(s) appearing for the Case

John Iwen, Timothy J. McKittrick, McKittrick Law Firm, Great Falls, for plaintiffs.

Neil E. Ugrin & Nancy P. Cory, Ugrin, Alexander, Zadick & Slovak, Great Falls, for defendant.

WEBER, Justice.

This case is before the Court on Certified Question from the United States District Court, District of Montana, Great Falls Division. This Court heard oral arguments on February 16, 1994 concerning the following question:

Does the State of Montana recognize a claim of wrongful death for a stillborn fetus?

Under the facts of this case, the answer is yes.

The facts of this case are not in dispute. At the time of the delivery,...

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