Farley v. Sartin Trucking Co.

466 S.E.2d 522 (1995)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P’s pregnant wife, Cynthia Farley, was killed in an auto accident. Billy Sartin (D1) was driving the tractor-trailer owned by Sartin Trucking Co (D). The medical testimony adduced the following: that Mrs. Farley was probably 18 weeks and a few days pregnant, but she could have been as much as 22 weeks pregnant. It was a fact that Baby Farley was neither large enough nor developed enough to survive outside the womb. P filed a wrongful death action as the administrator of the estate of Baby Farley. D filed a motion for summary judgment on the basis that Baby Farley was not viable nor was a person under the wrongful death statute. The court granted summary judgment in favor of D. P appealed.