[DOWNLOAD] "Summerfield V. Superior Court" by Arizona Supreme Court * eBook PDF Kindle ePub Free

eBook details

Title: Summerfield V. Superior Court
Author : Arizona Supreme Court
Release Date : January 24, 1985
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

This case presents the question of whether a wrongful death action can be maintained by the Summerfields (plaintiffs), the parents of a viable fetus that was stillborn as a result of alleged medical malpractice by the respondent real parties in interest (defendants). The trial court granted the defendants' motion to dismiss the wrongful death count on the authority of Kilmer v. Hicks, 22 Ariz. App. 552, 529 P.2d 706 (1974), a case which held: 1) that no common law right existed for recovery, and 2) that a viable fetus was not a "person" as that word is used in A.R.S. § 12-611, the statute which authorizes the institution of a damage action against one whose "wrongful act, neglect or default" causes the "death of a person." Plaintiffs then filed this special action, asking us either to distinguish Kilmer on its facts or to overrule it.