Blackman v. Langford

Texas Supreme Court

Blackman v. Langford

795 S.W.2d 742, 33 Tex. Sup. Ct. J. 751, 1990 Tex. LEXIS 117, 1990 WL 134754

CourtTexas Supreme Court

DecidedSeptember 19, 1990

DocketD-0130

StatusPublished

Cited by32 cases

This text of 795 S.W.2d 742 (Blackman v. Langford) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blackman v. Langford, 795 S.W.2d 742, 33 Tex. Sup. Ct. J. 751, 1990 Tex. LEXIS 117, 1990 WL 134754 (Tex. 1990).

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Opinion

PER CURIAM.

This cause once more presents the issue of whether a wrongful death and survival action can be brought when a viable fetus is subsequently stillborn. Tex.Rev.Civ. Prac. & Rem.Code Ann. §§ 71.002 & 71.021 (Vernon 1986). The trial court granted the defendants’ motion for summary judgment on the ground that the wrongful death and survival statutes do not permit a cause of action for the death of a fetus. The court of appeals construed the statutes as allowing a cause of action and therefore reversed the trial court’s judgment and remanded the cause for trial. 790 S.W.2d 127 (1990). We have held that “no cause of action may be maintained for the death of a fetus under the wrongful death statute until the right to bring such action is afforded by the legislature.” Witty v. American Gen. Capital Distrib., 727 S.W.2d 503, 506 (Tex.1987); Tarrant County Dist. Hosp. v. Lobdell, 726 S.W.2d 23 (Tex.1987) (per curiam).

The judgment of the court of appeals conflicts with prior decisions of this Court. Pursuant to Tex.R.App.P. 170, we grant petitioners’ application for writ of error and without hearing oral argument a majority of the Court reverses the judgment of the court of appeals and affirms the judgment of the trial court.

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PER CURIAM.

This cause once more presents the issue of whether a wrongful death and survival action can be brought when a viable fetus is subsequently stillborn. Tex.Rev.Civ. Prac. & Rem.Code Ann. §§ 71.002 & 71.021 (Vernon 1986). The trial court granted the defendants’ motion for summary judgment on the ground that the wrongful death and survival statutes do not permit a cause of action for the death of a fetus. The court of appeals construed the statutes as allowing a cause of action and therefore reversed the trial court’s judgment and remanded the cause for trial. 790 S.W.2d 127 (1990). We have held that “no cause of action may be maintained for the death of a fetus under the wrongful death statute until the right to bring such action is afforded by the legislature.” Witty v. American Gen. Capital Distrib., 727 S.W.2d 503, 506 (Tex.1987); Tarrant County Dist. Hosp. v. Lobdell, 726 S.W.2d 23 (Tex.1987) (per curiam).

The judgment of the court of appeals conflicts with prior decisions of this Court. Pursuant to Tex.R.App.P. 170, we grant petitioners’ application for writ of error and without hearing oral argument a majority of the Court reverses the judgment of the court of appeals and affirms the judgment of the trial court.

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Bluebook (online)

795 S.W.2d 742, 33 Tex. Sup. Ct. J. 751, 1990 Tex. LEXIS 117, 1990 WL 134754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blackman-v-langford-tex-1990.

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