While these decisions are not binding precedent on this court, I am free to evaluate the reasoning and weigh the conclusions reached by other courts faced with the same issue while deciding this case. Glassman Construction Co. v. Fidelity Casualty Co. of N.Y., 123 U.S.App.D.C. 1, 356 F.2d 340, 342 n. 7, cert. den. 384 U.S. 987, 86 S.Ct. 1890, 16 L.Ed.2d 1005 (1966); Summers v. Wallace Hospital, 276 F.2d 831 (9th Cir. 1960); Wendt v. Lillo, 182 F. Supp. 56 (N.D.Iowa 1960). See Wright, Federal Courts § 58 at 240 (1970).
We agree with the lower court's ruling. V. In reaching this conclusion we are not unmindful of Judge Graven's opinion to the contrary in Wendt v. Lillo, 182 F. Supp. 56, N.D. Iowa 1960. The Wendt case is sharply criticized by Frank R. Miller, Decorah, Iowa, attorney, in his article entitled "No Recovery for Injury to a Viable Fetus which is Stillborn". Insurance Counsel Journal, January, 1969. VI. Denial of administrator's claim asserted in division II of the petition does not affect Mrs. McKillip's claim asserted in division I including alleged pain and anguish resulting from the miscarriage.
Georgia — Porter v. Lassiter (1955), 91 Ga. App. 712 ( 87 S.E.2d 100). Iowa — Wendt v. Lillo (1960, DC Iowa), 182 F. Supp. 56 (applying Iowa law). Kansas — Hale v. Manion (1962), 189 Kan. 143 ( 368 P.2d 1).