[Download] "Teresa Marie Volk and Leslie K. Volk v." by Supreme Court of Idaho No. 13533 " Book PDF Kindle ePub Free
eBook details
- Title: Teresa Marie Volk and Leslie K. Volk v.
- Author : Supreme Court of Idaho No. 13533
- Release Date : January 27, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This appeal is from a partial summary judgment granted defendants on the ground that plaintiffs-appellants failed to state a claim upon which relief could be granted. The trial court order granting partial summary judgment was certified for appeal pursuant to I.R.C.P. 54(b). The sole issue presented is whether an action for the wrongful death of a viable yet unborn fetus states a claim upon which relief can be granted under our wrongful death statute. We reverse and hold that a claim is stated. At this procedural juncture the allegations of the complaint are considered as true. Walenta v. Mark Means Co., 87 Idaho 543, 394 P.2d 329 (1964). The complaint alleged that on September 13, 1977, plaintiff-appellant, Teresa Marie Volk, was approximately nine months pregnant and would give birth within two weeks. She had experienced no complications during the pregnancy. On September 13, 1977, she was driving an automobile owned by Frank and Rebecca Volk when she was injured in an accident involving a truck driven by defendant-respondent Fidel Baldazo and an automobile driven by defendant-respondent Kathy Dean Shultz, and owned by Dean W. Shultz. It is alleged that the Volk unborn fetus died within minutes of the accident and approximately eleven hours thereafter, was stillborn.