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McVEY v. SARGENT

No. 39A04-0601-CV-5.

855 N.E.2d 324 (2006)

Randy McVEY, Administrator of the Estate of Rachel McVey, Deceased, Bethany McVey, a Minor b/n/f Randy McVey and Tyler McVey, a Minor, b/n/f Randy McVey, Appellants-Plaintiffs, v. James SARGENT and Enterprise Rent-A-Car, Appellees-Defendants.

Court of Appeals of Indiana.

October 18, 2006.

Attorney(s) appearing for the Case

Betsy K. Greene, Greene & Schultz, Bloomington, IN, Attorney for Randy McVey, et al.

John H. Shean, Shean Law Offices, Bloomington, IN, Attorney for Amicus Curiae, Indiana Right To Life.

Eric D. Johnson, J. Todd Spurgeon, Kightlinger & Gray, LLP, Indianapolis, IN, R. Jeffrey Lowe, Kightlinger & Gray, LLP, New Albany, IN, Attorney for James Sargent.

Michael E. Simmons, Mitchell M. Pote, Hume Smith Geddes Green & Simmons, LLP, Indianapolis, IN, Attorneys for Enterprise Rent-A-Car.

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Randy McVey appeals the trial court's dismissal of his claim against James Sargent and Enterprise Rent-A-Car for the wrongful death of his unborn son T.M.

We affirm.

ISSUES

1. Whether the trial court erred in dismissing the claim for failure to state a claim upon which relief may be granted under Indiana law. 2. Whether Indiana's Child Wrongful Death...

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