O'NEILL v. Morse

Michigan Court of Appeals

O'NEILL v. Morse

174 N.W.2d 575, 20 Mich. App. 679

CourtMichigan Court of Appeals

DecidedFebruary 18, 1970

DocketDocket 6,467

StatusPublished

Cited by2 cases

This text of 174 N.W.2d 575 (O'NEILL v. Morse) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O'NEILL v. Morse, 174 N.W.2d 575, 20 Mich. App. 679 (Mich. Ct. App. 1970).

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Opinions

[681]*681R. B. Burns, J.

Carol Pinet, eight months pregnant, was struck by an automobile driven by defendant Gary E. Eoot after his vehicle had collided with an automobile owned by defendant Eldon Morse and driven by defendant Bernice Morse. As a result of the accident Mrs. Pinet and her unborn child were injured. Subsequently, the child was stillborn. The case was dismissed by the trial court on the ground that an unborn child is not a person within the meaning of the Michigan wrongful death act. MCLA §600.2922 (Stat An 1969 Cum Supp § 27A.2922).

Plaintiff appeals, claiming such an interpretation denies the plaintiff “due process of law” and “equal protection of the law” under the Federal constitution¹ and the Michigan Constitution of 1963.²

This question has not been answered by any decisions of the Michigan Supreme Court or the United States Supreme Court. The Michigan Supreme Court in Powers v. City of Troy (1968), 380 Mich 160, held that an unborn child negligently im jured and subsequently stillborn was not a “person” within the meaning of the Michigan wrongful death act. Accordingly, we hold that such an unborn child is not a “person” within the meaning of the “due process” and “equal protection” articles of the United States Constitution and the Michigan Constitution of 1963.

Affirmed. Costs to appellees.

Fitzgerald, P. J., concurred.

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[681]*681R. B. Burns, J.

Carol Pinet, eight months pregnant, was struck by an automobile driven by defendant Gary E. Eoot after his vehicle had collided with an automobile owned by defendant Eldon Morse and driven by defendant Bernice Morse. As a result of the accident Mrs. Pinet and her unborn child were injured. Subsequently, the child was stillborn. The case was dismissed by the trial court on the ground that an unborn child is not a person within the meaning of the Michigan wrongful death act. MCLA §600.2922 (Stat An 1969 Cum Supp § 27A.2922).

Plaintiff appeals, claiming such an interpretation denies the plaintiff “due process of law” and “equal protection of the law” under the Federal constitution¹ and the Michigan Constitution of 1963.²

This question has not been answered by any decisions of the Michigan Supreme Court or the United States Supreme Court. The Michigan Supreme Court in Powers v. City of Troy (1968), 380 Mich 160, held that an unborn child negligently im jured and subsequently stillborn was not a “person” within the meaning of the Michigan wrongful death act. Accordingly, we hold that such an unborn child is not a “person” within the meaning of the “due process” and “equal protection” articles of the United States Constitution and the Michigan Constitution of 1963.

Affirmed. Costs to appellees.

Fitzgerald, P. J., concurred.

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174 N.W.2d 575, 20 Mich. App. 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oneill-v-morse-michctapp-1970.

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