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COVELESKI v. BUBNIS

535 Pa. 166 (1993)

634 A.2d 608

Karen COVELESKI, Administrator Prosequendum of the Estate of Baby Coveleski, Deceased, and in her own Right, as Mother and Natural Guardian of Baby Coveleski, Deceased, Appellants, 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.

Submitted February 24, 1993.

Decided November 16, 1993.

Attorney(s) appearing for the Case

John J. Robinson, for appellants.

David B. Marateck, for Raymond Bowers, Sr. t/d/b/a Corner Tavern.

Charles H. Saylor, for Zerbe Twp.

David C. Eaton, Geoffrey Shuff, for Consolidated Rail.

Joey Storaska, for Vincent Bubnis.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and MONTEMURO, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

MONTEMURO, Justice.

The issue raised in this appeal is whether an action for wrongful death and survival can be maintained on behalf of an eight week old fetus.

On January 3, 1986, Karen Coveleski was a passenger in a Jeep that plunged into a ravine on the property of Consolidated Rail Corporation. At the time of the accident, Ms. Coveleski was approximately eight weeks pregnant. Since the fetus may have...

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