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Witty v. American General Capital Distributors, Inc.

Texas Supreme Court

727 S.W.2d 503 (1987)

Facts

Kimberly Witty (plaintiff) sued American General Capital Distributors, Inc. (American General) (defendant) under the Texas Wrongful Death Act (the Act), alleging damages for the death of her fetus. Witty alternatively alleged property damage as a result of the destruction of her chattel, the fetus. The trial court held that Witty did not have a claim because there was not a live birth. The trial court granted summary judgment in favor of American General. The court of appeals reversed the trial court’s denial of Witty’s wrongful-death cause of action. American General appealed.

Rule of Law

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Issue

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Holding and Reasoning (Robertson, J.)

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Dissent (Kilgarlin, J.)

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