Kalafut v. Gruver

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• adopting Restatement (Second) of Torts § 869(1) in context of wrongful-death action
• death of nonviable child born at twenty-one weeks who lived for eighty minutes is actionable
• death of nonviable child born at twenty-one weeks who lived for eighty minutes is actionable
• “in the context of this case, there is no requirement that the plaintiff be in existence at the time of the negligence, only that it be born alive and suffer from the effects of the injury.”
• “[A] tortfeasor who causes harm to an unborn child is subject to liability to the child or to the child’s estate for the harm to a child if the child is bom alive . . . .”

Source: CourtListener parenthetical corpus (CC0).