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NEALIS v. BAIRD

No. 88653.

996 P.2d 438 (1999)

1999 OK 98

Sheila D. NEALIS and Michael Nealis, individually and as parents and next friends of Baby Nealis, a minor child, Plaintiffs-Appellants, v. Blake A. BAIRD, M.D., Jim Knecht, D.O., and Michael D. Hartwig, M.D., Defendants-Appellees.

Supreme Court of Oklahoma.

Rehearing Denied February 8, 2000.

Attorney(s) appearing for the Case

Carolyn S. Smith, Ponca City, Oklahoma, for Appellants.

Dale Reneau and Jay L. Chapman, Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Oklahoma, for Appellees Blake A. Baird, M.D. and Michael D. Hartwig, M.D.

Larry D. Ottaway, Monty B. Bottom, and Michael T. Maloan, Foliart, Huff, Ottaway & Caldwell, Oklahoma City, Oklahoma, for Appellee Jim Knecht, D.O.

OPALA, J.

¶ 1 This court granted certiorari to settle the first impression question whether a claim may be brought under Oklahoma's wrongful death statute1 on behalf of a nonviable fetus born alive. We are asked to decide whether the trial court committed reversible error by instructing the jury that damages are recoverable only if the deceased was...

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