Mary Ann Kovach


A WRONGFUL DEATH ACTION, Eich v. Town of Gulf Shores, was decided as a result of an automobile accident that occurred on March 2, 1974, near the small Alabama town of Gulf Shores. Although the facts of the incident were not fully recounted, it appears that the plaintiff, who was eight and one-half months pregnant at the time, was struck by a negligently operated city police car and severely injured. Although plaintiff recovered from her injuries, the child did not and was stillborn. Mrs. Eich then sued, seeking damages for the death of the unborn child and basing her action on an Alabama wrongful death statute, entitled "Suits for injuries causing death of minor child."' That statute reads in relevantpart: "When the death of a minor child is caused by the wrongful act, or omission, or negligence of any person... the mother... may sue ...."