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SIMMONS v. HOWARD UNIVERSITY

Civ. A. No. 2859-68.

323 F.Supp. 529 (1971)

Hayward SIMMONS et al., Plaintiffs, v. HOWARD UNIVERSITY et al., Defendants.

United States District Court, District of Columbia.

January 22, 1971.

Attorney(s) appearing for the Case

John V. Long, Jackson, Gray & Laskey, Washington, D. C., for plaintiffs.

Diane M. Sullivan, Washington, D. C., for defendants.

MEMORANDUM

GESELL, District Judge.

The question has been presented at pretrial whether plaintiff may recover under the Wrongful Death Statute, 16 D.C.Code § 2701, for the death of his unborn child, assuming that the facts developed at trial establish fault on the part of defendants. The Court rules that such recovery will be permitted.

This is not a case where injury to the mother during pregnancy resulted in a miscarriage or stillbirth. The...

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