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SHELTON v. DEWITTE

No. 84,488.

271 Kan. 831 (2001)

26 P.3d 650

KENNETH SHELTON and MARY JO SHELTON, as sole heirs of Alexis Danielle Shelton, Appellees, v. SUSAN R. DEWITTE, Appellant.

Supreme Court of Kansas.

Opinion filed July 13, 2001.

Attorney(s) appearing for the Case

David S. Brake, of Henshall, Pennington & Brake, of Chanute, argued the cause and was on the brief for appellant.

Daniel J. Matula, of Louisburg, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

Kenneth and Mary Jo Shelton's daughter, who was 9 months pregnant, died in an automobile collision with a vehicle driven by Susan R. DeWitte. The Sheltons filed this wrongful death action seeking damages for the death of their daughter's unborn viable fetus. The district court denied DeWitte's motion for summary judgment. A jury awarded damages in the amount of $55,000 for the wrongful death of the...

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