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Tesar v. Anderson
Wisconsin Court of Appeals
789 N.W.2d 351 (2010)
Tesar (plaintiff), father of an unborn child killed in an automobile accident, sued the child’s mother’s insurance company in Wisconsin state court for the child’s death caused by the mother’s negligence. The trial court granted the insurance company’s motion for summary judgment and dismissed the case after finding that the mother owed no duty to her fetus. The father appealed and argued that because the mother owed a duty of care to all who used the highway, she owed a duty of care to her unborn child.
Rule of Law
Holding and Reasoning (Dykman, J.)
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