Modaber v. Kelley

How courts have described this case

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

• affirming that the aggravated effects of a mother's pregnancy condi- tion, due to the obstetrician's inaction, and the physical pain caused to the mother by injury to her unborn child, were compensable injury
• denying wrongful death recovery because unborn child is not a \person\ under wrongful death statutes
• noting right of mother to recover for injury to unborn child in womb and for emotional distress caused by death of fetus that was still part of her
• jury could rely upon appearance and demeanor of plaintiff on stand as she recalled events to find that death of fetus caused plaintiff emotional distress
• failure to treat mother’s toxemia was physical injury to mother allowing her recovery for mental anguish
• “In March 1978, the plaintiff, in her mid-thirties, and her husband conceived a male child.”

Source: CourtListener parenthetical corpus (CC0).