Supreme Court of North Carolina February 4, 1966, 207 (Gay v. Thompson)

PARKER, J.

The sole question for decision in this case is whether there is a right of action under our wrongful death statute, G.S. 28-173, 174, by the administrator of a stillborn child who died as a proximate result of tortious injuries to his mother and himself while

en ventre sa mere,

when the child was viable at the time of the injuries. This is a case of novel impression in this State.