Family Files Wrongful Death Lawsuit in Unborn Child's Death
Posted by
Christina ColeApril 18, 2007 5:47 PMJust two days from her planned birth, Savannah, an unborn child, was killed with her mother in a collision involving a semi-trailer last month.
Her father and grandmother have filed a wrongful death lawsuit, against the trucker and the trucking company. This case can help change the way state laws view unborn, viable children who are killed.
Witnesses told police, a driver with Suzy-Q Trucking of Indianapolis, was traveling west on Indiana 10, when he tried to pass another truck while in a no-passing zone. The mother, 21, was traveling east on Indiana 10 when the trucker crossed over into her lane, causing her to crash head-on into the rear of the semi-trailer. The mother along with her unborn child, died at the scene.
The lawsuit seeks unspecified damages for funeral, burial, hospital and estate administration costs, along with for loss of love, affection and companionship.
At the heart of the case are Savannah's and her father's rights under the state's Child Wrongful Death Act. Indiana is one of 10 states which have no civil provision regarding unborn viable children who are killed.
Attorneys argue that current interpretations of the wrongful death act -- which deny legal standing to the fathers of killed unborn children in court actions -- violate the Equal Privileges and Immunities section of the Indiana Constitution.