{
  "id": 8556189,
  "name": "LARRY WALKER YOW, Administrator of the Estate of NELSON ALLEN YOW, Deceased, and LARRY WALKER YOW and SANDRA GAYNELL YOW as Parents of NELSON ALLEN YOW, Deceased v. R. W. LLOYD NANCE",
  "name_abbreviation": "Yow v. Nance",
  "decision_date": "1976-05-05",
  "docket_number": "No. 7520SC1006",
  "first_page": "419",
  "last_page": "420",
  "citations": [
    {
      "type": "official",
      "cite": "29 N.C. App. 419"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "215 S.E. 2d 623",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "287 N.C. 464",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8563139,
        8563108,
        8563231,
        8563196,
        8563167
      ],
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      ]
    },
    {
      "cite": "213 S.E. 2d 382",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "25 N.C. App. 390",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8554008
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/25/0390-01"
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  "analysis": {
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  "last_updated": "2023-07-14T16:29:22.308082+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Chief Judge Brock and Judge Martin concur."
    ],
    "parties": [
      "LARRY WALKER YOW, Administrator of the Estate of NELSON ALLEN YOW, Deceased, and LARRY WALKER YOW and SANDRA GAYNELL YOW as Parents of NELSON ALLEN YOW, Deceased v. R. W. LLOYD NANCE"
    ],
    "opinions": [
      {
        "text": "VAUGHN, Judge.\nThis action was started to recover damages for the wrongful death of a viable unborn child, who was eight and one-half months developed at the time of the fatal accident.\nThe trial judge allowed defendant\u2019s motion to dismiss filed under Rule 12(b) (6) and (c).\nIn a case of first impression, Cardwell v. Welch, 25 N.C. App. 390, 213 S.E. 2d 382, cert. den. 287 N.C. 464, 215 S.E. 2d 623, this Court gave its answer to the identical question presented by this appeal. In Welch, this Court held that a viable unborn child whose death is caused while still in its mother\u2019s womb is not to be considered a \u201cperson\u201d within the meaning of the wrongful death act.\nIn that well reasoned opinion by Judge Parker, we find the following:\n\u201cIn making our decision we have not been concerned with the question of when human life begins from a biological or theological point of view. We have simply been called on to construe a statute. Furthermore, in making our decision we have not been insensitive to the rights of the unborn. In appropriate circumstances the law recognizes such rights and at times even requires that a guardian be appointed to protect them. We point out, however, that no wrongful death statute can ever operate to benefit the deceased; it can only operate to benefit others by granting a cause of action where none previously existed.\nAccordingly, we construe the word \u2018person\u2019 in our wrongful death statute to mean one who has become recognized as a person by having been born alive. If it be deemed desirable that a cause of action exist to recover for the wrongful death of an unborn fetus, that result would be accomplished more appropriately by legislative action than by strained judicial construction of an ancient statute.\u201d\nFor the reason stated in Welch, the judgment is affimed.\nAffirmed.\nChief Judge Brock and Judge Martin concur.",
        "type": "majority",
        "author": "VAUGHN, Judge."
      }
    ],
    "attorneys": [
      "Hartsell, Hartsell & Mills, P.A., by W. Erwin Spainhour, for plaintiff appellants.",
      "Golding, Crews, Meekins, Gordon & Gray, by Fred C. Meehins, for defendant appellee."
    ],
    "corrections": "",
    "head_matter": "LARRY WALKER YOW, Administrator of the Estate of NELSON ALLEN YOW, Deceased, and LARRY WALKER YOW and SANDRA GAYNELL YOW as Parents of NELSON ALLEN YOW, Deceased v. R. W. LLOYD NANCE\nNo. 7520SC1006\n(Filed 5 May 1976)\nDeath \u00a7 3\u2014 wrongful death act \u2014 death of unborn viable child \u2014 no \u201cperson\u201d\nA viable unborn child whose death is caused while still in its mother\u2019s womb is not to be considered a \u201cperson\u201d within the meaning of the wrongful death act.\nAppeal by plaintiffs from Rousseau, Judge. Judgment entered 6 October 1975 in Superior Court, Stanly County. Heard in the Court of Appeals 19 March 1976.\nHartsell, Hartsell & Mills, P.A., by W. Erwin Spainhour, for plaintiff appellants.\nGolding, Crews, Meekins, Gordon & Gray, by Fred C. Meehins, for defendant appellee."
  },
  "file_name": "0419-01",
  "first_page_order": 451,
  "last_page_order": 452
}
