66 Federal Credit Union v. Tucker
West's Southern Reporter, 2d Series, 2003; 853: 104-122
Court Decision: 853 Southern Reporter, 2d Series 104; 2003 Aug 21 (date of decision). The Supreme Court of Mississippi held that Mississippi's wrongful death statute includes a nonviable, unborn child that is "quick" in the womb as a "person." At the time of the attempted repossession of a vehicle financed by defendant 66 Federal Credit Union, Tracy Tucker was five months pregnant. On the evening of the attempted repossession, Tucker experienced abdominal pain and miscarried three days later. Tucker filed a lawsuit against the defendants for wrongful death. The court found support in its holding from criminal statutes and property law which similarly consider an unborn "quick" child a person. The court did not consider viability to be an appropriate criterion for determining whether an unborn child is a person. [KIE/INW]
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