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Yandell v. Delgado

Supreme Court of Texas
Oct 6, 1971
471 S.W.2d 569 (Tex. 1971)

Summary

creating a duty to not inflict injury upon an unborn baby

Summary of this case from Edinburg Hosp. Authority v. Trevino

Opinion

No. B-2845.

October 6, 1971.

Appeal from the 153rd District Court, Tarrant County, Harold Craik, J.

Brown, Crowley, Simon Peebles, M. Hendricks Brown, Fort Worth, for petitioner.

Puff Jameson, Jim Jameson, Fort Worth, for respondent.


ON APPLICATION FOR WRIT OF ERROR

We approve the holding of the Court of Civil Appeals stated as follows: 'We hold that subject, of course, to the proof required in such cases a cause of action does exist for prenatal injuries sustained at any prenatal stage provided the child is born alive and survives.' 468 S.W.2d 475, 478.

The application is refused, no reversible error.


Summaries of

Yandell v. Delgado

Supreme Court of Texas
Oct 6, 1971
471 S.W.2d 569 (Tex. 1971)

creating a duty to not inflict injury upon an unborn baby

Summary of this case from Edinburg Hosp. Authority v. Trevino

In Yandell we recognized that until there is a live birth, there is no cause of action for personal injuries to the fetus.

Summary of this case from Witty v. American General Capital Distributors, Inc.

In Yandell, the fetus was injured prior to its viability, yet because it was born alive, an action could be maintained for the injuries the child sustained in utero.

Summary of this case from Witty v. American General Capital Distributors, Inc.
Case details for

Yandell v. Delgado

Case Details

Full title:Michael C. YANDELL, Petitioner, v. Vincent H. DELGADO, as next friend of…

Court:Supreme Court of Texas

Date published: Oct 6, 1971

Citations

471 S.W.2d 569 (Tex. 1971)

Citing Cases

Witty v. American General Capital Distributors, Inc.

The trial court correctly determined that because the child was not born alive, Mrs. Witty was not entitled…

Witty v. American General Capital Distributors, Inc.

In 1971, we held that live birth was required for a child to have a cause of action for prenatal injuries.…