Supreme Court of Louisiana, 1977

Wascom v. American Indemnity Corp.

Wascom v. American Indemnity Corp.
Supreme Court of Louisiana · Decided October 28, 1977 · Tate
350 So. 2d 1224; 1977 La. LEXIS 4780 (Southern Reporter, Second Series)

Wascom v. American Indemnity Corp.

Opinion of the Court

In re: William G. Wascom, et al. applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of Tangipahoa, 348 So.2d 128.

Writ denied. Judgment of court of appeal is correct.

Dissenting Opinion

TATE, J.,

dissents. The parents are entitled to damages by the death of their unborn children; while the mother in the present case will recover approximately the same damages by way of mental anguish; no reason of law, fact, or equity (in my opinion) should deprive the father of similar tort-caused damages. The dissenting opinion in the court of appeal correctly suggests that this tort-caused damage for which the defendants are liable under C.C. arts. 2315 et seq. should not be defeated by applications of a code article essentially intended to regulate inheritance rights in a manner never intended by the legislature.

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