P’s pregnant wife, Cynthia Farley, was killed in an auto accident. Billy Sartin (D1) was driving the tractor-trailer owned by Sartin Trucking Co (D). The medical testimony adduced the following: that Mrs. Farley was probably 18 weeks and a few days pregnant, but she could have been as much as 22 weeks pregnant. It was a fact that Baby Farley was neither large enough nor developed enough to survive outside the womb. P filed a wrongful death action as the administrator of the estate of Baby Farley. D filed a motion for summary judgment on the basis that Baby Farley was not viable nor was a person under the wrongful death statute. The court granted summary judgment in favor of D. P appealed.

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