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FRYOVER v. FORBES

Docket No. 102270.

176 Mich. App. 36 (1989)

439 N.W.2d 284

FRYOVER v. FORBES

Michigan Court of Appeals.

Decided March 20, 1989.

Attorney(s) appearing for the Case

Tolley, Fisher & Verwys, P.C. (by Mark H. Verwys and Linda Glaza-Herrington), for plaintiff.

Cholette, Perkins & Buchanan (by Robert J. Riley), for defendants.

Before: WEAVER, P.J., and GILLIS and M.J. TALBOT, JJ.

GILLIS, J.

Penny Fryover was sixteen weeks pregnant with Karl James Fryover when both were killed because she swerved her vehicle in an attempt to avoid hitting a dog owned by defendants. Plaintiff brought wrongful death suits on behalf of both Penny and Karl. Defendants moved for summary disposition pursuant to MCR 2.116(C)(8) and (10) as to plaintiff's wrongful death suit regarding Karl, claiming that a nonviable fetus is not a person under the wrongful death act...

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