[Show/Hide Left Column]
[Show/Hide Right Column]

Farley v. Sartin Cases of Interest
3d browser Print

Farley v Sartin

Warning: count(): Parameter must be an array or an object that implements Countable in /home/caseris3/public_html/tiki/templates_c/en/en18b660cf6951a7bde07357befc24a4e5^7dcef9b82b529fce2c6efff6e6407b6762113e52.file.poll.tpl.php on line 32
Farley v. Sartin
195 W. Va. 671 (1995)

 Action was brought to recover for wrongful death of unborn child
 Circuit Court granted summary judgment for defendants
 Plaintiff appealed

Is viability determinative of whether a cause of action for wrongful death can be brought for a nonviable unborn child? (no, viability does not matter)

 Plaintiff’s pregnant wife was killed in an automobile accident with defendant (who was driving a trator trailer owned by the defendant tgrucking company
 Plaintiff’s wife was approximately 18 weeks and a few days pregnant at the time
 The baby was neither large enough nor developed enough to survive outside the womb

 W.Va. Code 55-7-5:
In order to bring an action for wrongful death, there must be death of a person, caused by the wrongful act, neglect, or default of another.

West Virginia stands alone after this decision by liberally construing the wrongful death statute to allow a cause of action for a nonviable embryo (unable to survive out of the womb). Most jurisdictions either allow no action unless the child is able to be “excited” in the womb or allow an action for a viable unborn fetus (capable of surviving with by means possible). The problem with this decision is that it opens up more questions for when an action can be brought for destruction of an embryo. The court specifically refused to decide on conception in vitro (i.e. fertilization of an embryo outside the womb at a fertilization clinic). Also, the court limited the ruling as not to contrast with the rights of a woman to have an abortion.

Viability is not appropriate criterion to determine whether an unborn child is a “person” within the context of the W.Va. Code, 55-7-5. Reversed and remanded.

Contributors to this page: ndalton .
Page last modified on Saturday 06 of December, 2008 02:25:09 GMT by ndalton.
The content on this page is licensed under the terms of the Copyright License.
List of attached files
ID Name desc uploaded Size Downloads Actions
84 doc writing req farley.doc Sat 06 of Dec, 2008 02:20 GMT by ndalton 32.00 Kb 1355 View Download  

Warning: count(): Parameter must be an array or an object that implements Countable in /home/caseris3/public_html/tiki/lib/smarty_tiki/function.show_help.php on line 23

Portions © 2006-2011 by Michael Risch, Some Rights Reserved | Copyright Notice| Legal Disclaimer