Miller v. Kirk
905 P.2d 194, 120 N.M. 654 (1995)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
Under the New Mexico Wrongful Death Act, a cause of action for wrongful death cannot be maintained for a nonviable fetus. To be considered a 'person' for the purposes of the Act, the fetus must have been viable at the time of the injury.
Facts:
- Cynthia Miller was 18 to 22 weeks pregnant with a male fetus.
- On August 6, 1991, Miller was involved in an automobile accident with a car driven by Robert Kirk.
- As a result of the accident, Miller suffered blunt trauma to her abdomen, which caused the placenta to separate from the uterus wall.
- An emergency Caesarean section was performed, and the fetus was delivered with cardiac activity (a heartbeat).
- The fetus died within minutes of birth.
- All parties agreed that the fetus was nonviable, meaning it was incapable of sustaining life outside the mother's womb, at the time of the collision.
Procedural Posture:
- Cynthia Miller (Appellant) filed a complaint in a New Mexico trial court against Robert Kirk (Appellee) for personal injury and wrongful death.
- The personal injury claims were settled.
- The trial court granted summary judgment in favor of Kirk on the wrongful death claim, concluding that no independent cause of action exists for the death of a nonviable fetus.
- Miller appealed the summary judgment ruling to the New Mexico Court of Appeals.
- The Court of Appeals certified the case to the New Mexico Supreme Court, identifying it as a matter of 'substantial public interest.'
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does the New Mexico Wrongful Death Act recognize an independent cause of action for the wrongful death of a nonviable fetus?
Opinions:
Majority - Franchini, Justice
No. The New Mexico Wrongful Death Act does not recognize a cause of action for the wrongful death of a nonviable fetus. The central inquiry is whether a nonviable fetus is a 'person' under the Act. In the absence of a clear legislative directive, the court must determine as a matter of social policy where to draw the line for liability. Following the vast majority of jurisdictions, the court adopts viability as the standard. A nonviable fetus is incapable of an independent existence and thus cannot be regarded as a separate entity capable of maintaining an action. This standard avoids actions based on speculation and uncertainty. The fact that the fetus was born alive with a heartbeat does not change the analysis; viability at the time of injury is the dispositive factor, not live birth. This aligns with the Act's character as a survival statute, as it would be anomalous to recognize a survival action for a fetus that never had the capacity to survive.
Analysis:
This decision solidifies New Mexico's position within the majority of states, establishing a bright-line rule based on viability for wrongful death claims involving a fetus. The ruling clarifies that the term 'person' under the state's Wrongful Death Act has a specific legal meaning that excludes nonviable fetuses, regardless of whether they show momentary signs of life post-delivery. This precedent prevents the expansion of tort liability for prenatal injuries to the earliest stages of pregnancy, limiting such claims to cases where the fetus had a realistic chance of independent survival and thereby providing a more predictable legal standard for future cases.
