Wednesday, August 11, 2010

Wisconsin Appellate Court Allows Suit Over Death of Fetus

From the Chicago Tribune:

A Wisconsin man can sue a former girlfriend's insurer for the wrongful death of a fetus, which was stillborn after the woman was in a car accident.

Shannon Tesar, the father of the fetus, says the woman's negligent driving was partly to blame for the accident in Wisconsin Rapids and he wants damages for the death of the fetus.

A Wood County judge had ruled that a woman has no legal duty to a fetus, and dismissed the lawsuit.

The District 4 Court of Appeals overturned the decision, ruling Tesar can continue his lawsuit against American Family Mutual Insurance Co.

American Family warned that allowing the case would let fathers sue mothers for other acts that harm fetuses during pregnancy, like eating poorly. The court disagreed.

Read more news coverage here and the Wisconsin appellate court opinion here.

AC

http://lawprofessors.typepad.com/family_law/2010/08/wisconsin-appellate-court-allows-suit-over-death-of-fetus.html

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