IN RE ESTATE OF DAVIS

No. 95-CA-00559-SCT.

706 So.2d 244 (1998)

In re the ESTATE OF Tarrance DAVIS, Deceased. John FIZER, Jr. and Rosalind Fizer, as Next Friends and Guardians of Rico Davis, a Minor; and Nancy Kossman, as Guardian Ad Litem of Rico Davis, a Minor v. Mary Louise DAVIS.

Supreme Court of Mississippi.

February 5, 1998.


Attorney(s) appearing for the Case

Michael T. Lewis, Pauline Shuler Lewis, Lewis & Lewis, Clarksdale; Kenneth Charles Miller, Jackson, for Appellant.

John H. Cocke, Merkel & Cocke, Clarksdale, for Appellee.

En Banc.


BANKS, Justice, for the Court:

¶ 1. This matter is before the Court on the sole issue of whether an unborn fetus, who was at six and one-half months gestation at the time of his brother's death, is among that class of persons defined as "living" for purposes of the wrongful death statute such that he is a beneficiary under the statute. We hold that he is, and accordingly reverse and remand.

I.

¶ 2. Tarrance Davis was born July 10, 1986...

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