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CROSBY v. GLASSCOCK TRUCKING CO., INC.

No. 25132.

340 S.C. 626 (2000)

532 S.E.2d 856

Charles W. CROSBY, Jr., Personal Representative of the Estate of Charles W. Crosby, III, Appellant, v. GLASSCOCK TRUCKING CO., INC., and Kristie J. Crosby, Respondents.

Supreme Court of South Carolina.

Decided May 22, 2000.

Rehearing Denied June 22, 2000.

Attorney(s) appearing for the Case

Gregory A. Morton, of Donnan, Morton & Davis, P.A., of Greenville, for appellant.

Edwin B. Parkinson, Jr., and Alexander M. Bullock, both of Haynsworth, Marion, McKay & Guerard, of Greenville, for respondent Glasscock Trucking Co., Inc.

Michael J. Giese and Jack H. Tedards, Jr., both of Leatherwood, Walker, Todd & Mann, P.C., of Greenville, for respondent Kristie J. Crosby.

MOORE, Justice:

Appellant commenced this action for wrongful death in his capacity as personal representative of the estate of his stillborn child. The trial judge granted respondents' motion for summary judgment on the ground a nonviable stillborn fetus cannot maintain such an action. We affirm.

FACTS

Respondent Kristie Crosby was twenty weeks pregnant when she was injured in a automobile accident. The car she was driving collided with a truck owned...

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