Marwan F. Saleh, M.D. v. Angie Damron, et al.
Case Number:
18-1112
Case Date:
04-09-2019
Case Information:
QUESTION CERTIFIED BY THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
QUESTIONS OF LAW
A. Does West Virginia recognize a cause of action for pre-conception torts, that is an action brought by or on behalf of a person for injuries alleged to have resulted from negligent acts or omissions which occurred prior to the person's conception? B. Does the term "person" as used in the West Virginia Wrongful Death Statute (W. Va. Code ยงยง 55-7-5 and 55-7-6) and interpreted in the Supreme Court of Appeals of West Virginia's opinion in Farley v. Sartin, 195 W. Va. 671, 466 S.E.2d 522 (1995), encompass an ectopic embryo/fetus?
