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HORN v. HENDRICKSON

No. 82A05-0402-CV-83.

824 N.E.2d 690 (2005)

Brittany HORN, Individually, and Brittany Horn, as parent and Natural Guardian of Libby Ann Scott, Deceased, Appellants-Plaintiffs v. Kristi L. HENDRICKSON and Eric W. Scott, Appellees-Defendants.

Court of Appeals of Indiana.

March 29, 2005.

Attorney(s) appearing for the Case

Daniel A. Barfield, Gerling Law Offices, Evansville, IN, Attorney for Appellants.

John H. Shean, Shean Law Offices, Bloomington, IN, Attorney for Amicus Curiae.

James D. Johnson, Max E. Fiester, Rudolph, Fine, Porter & Johnson, LLP, Evansville, IN, Attorneys for Appellees.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE1

Brittany Horn appeals the trial court's dismissal of her wrongful death claim under Indiana Trial Rule 12(B)(6). We address the following issues on appeal:

1. Whether a viable fetus is a "child" under Indiana's child wrongful death statute, Indiana Code Section 34-23-2-1 ("the statute"). 2. Whether the statute, as interpreted by our supreme court...

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