Document Type
Article
Abstract
The principal legal question dealt with here is whether there is a cause of action for the wrongful death of a child which while en ventre sa mere is injured and subsequently is born dead as the result of negligence of a third party. This question is closely related to the questions of: (1) whether there is a cause of action for the wrongful death of a child which while en ventre sa mere is injured as the result of negligence of a third party, subsequently is born alive and then dies as a result of such injuries; and (2) whether a child may maintain a cause of action for damages for personal injuries sustained as the result of negligence of a third party while it was en ventre sa mere. There is no precedent in West Virginia which is directly in point respecting any of the three questions. As will be demonstrated hereinafter, the marked trend of authority is toward permitting recovery of damages in all of the three situations.
Recommended Citation
Daniel A. Ruley Jr.,
Recovery of Damages for Injuries Sustained by Children en Ventre sa Mere,
65
W. Va. L. Rev.
(1963).
Available at:
https://researchrepository.wvu.edu/wvlr/vol65/iss3/2