Werling’s (plaintiffs) child was delivered stillborn. The Werlings brought a wrongful death suit against Sandy (defendant), the physician, claiming that Sandy’s negligence resulted in the death of their fetus. The trial court dismissed the Werlings’ complaint, holding that there was no cause of action for the wrongful death of a fetus. The Werlings appealed and the court of appeals affirmed the dismissal of the complaint. The Werlings appealed to the Ohio Supreme Court.