Is there a new cause of action for wrongful death of a fetus?

California, United States of America


The following excerpt is from Justus v. Atchison, 139 Cal.Rptr. 97, 19 Cal.3d 564, 565 P.2d 122 (Cal. 1977):

I concur in the result reached by the majority opinion and in the reasoning of part II of that opinion. But although I agree with the majority that we should not recognize a new cause of action for the wrongful death of a fetus, a wholly intangible injury to plaintiffs for which any monetary recovery can provide no real compensation (see Borer v. American Airlines (1977) 19 Cal.3d 441, at pp. 446--448, 138 Cal.Rptr. 302, 563 P.2d 858), cannot join the reasoning by which the majority reaches that conclusion.

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