KANDEL v. WHITE

No. 127, September Term, 1994.

339 Md. 432 (1995)

PETER T. KANDEL, PERSONAL REPRESENTATIVE FOR THE ESTATE OF BABY CHILD SCOTT v. TERRILL WHITE.

Court of Appeals of Maryland.

August 24, 1995.


Attorney(s) appearing for the Case

Peter T. Kandel (Nelson R. Kandel, Kandel & Associates, P.A., on brief), Baltimore, for appellant.

Timothy S. Barkley, the American Center for Law and Justice, Simpsonville, amicus curiae.

Eugene Connor, Jr. (Harcourt Fulton & Associates, on brief), Baltimore, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.


CHASANOW, Judge.

We are called upon in this case to determine whether a cause of action may be maintained for survival and wrongful death resulting from the negligent infliction of prenatal injuries causing the death of a nonviable stillborn fetus. For the reasons discussed below, we hold that a cause of action for wrongful death may not be maintained on behalf of a nonviable fetus who is stillborn.

I.

This appeal arises out of a tort action filed...

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