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COVELESKI v. BUBNIS

391 Pa.Super. 409 (1990)

571 A.2d 433

Karen COVELESKI, Administrator Ad Prosequendum of the Estate of Baby Coveleski, Deceased, and in her own right, as mother and natural guardian of Baby Coveleski, Deceased, Appellant, v. Vincent A. BUBNIS, Jr., Zerbe Township, Raymond L. Bowers, Sr., t/d/b/a Corner Tavern, and Consolidated Rail Corporation, Appellees.

Supreme Court of Pennsylvania.

Filed March 9, 1990.

Attorney(s) appearing for the Case

John T. Robinson, Selinsgrove, for appellant.

Charles H. Saylor, Sunbury, for Zerbe Township, appellee.

David B. Marateck, Shamokin, for Bowers, appellee.

Geoffrey S. Shuff, Harrisburg, for Consol. Rail Corp., appellee.

Before WIEAND, OLSZEWSKI and HOFFMAN, JJ.

WIEAND, Judge.

The issue presented in this appeal is whether the Wrongful Death and Survival Statutes, 42 Pa.C.S. §§ 8301 and 8302, provide a cause of action on behalf of an eight week old fetus after an abortion has been induced to avoid the risk of fetal damage because of injuries sustained by the mother in a motor vehicle accident and/or her subsequent medical treatment. We hold that there is no cause of action on behalf of a non-viable fetus. Therefore...

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