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Farley v. Sartin

Supreme Court of Appeals of West Virginia
466 S.E.2d 522 (1995)


Facts

Cynthia Farley was about five months pregnant when she and her unborn child were killed in an accident involving a semi-truck. Her husband (plaintiff) brought an action for wrongful death of “Baby Farley” against the truck’s driver, Billy R. Sartin, and its owner, Lee Sartin Trucking Company, Inc. (the Sartins) (defendants). The medical evidence showed that Baby Farley was neither large enough nor developed enough to survive outside the womb. The trial court granted summary judgment for the Sartins on the basis that Baby Farley was not a person under West Virginia’s wrongful-death statute, prompting an appeal to the state supreme court.

Rule of Law

Issue

Holding and Reasoning (Cleckley, J.)

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