Wendt v. Lillo

2 Citing cases

  1. City of Carter Lake v. Aetna Cas. Sur. Co.

    454 F. Supp. 47 (D. Neb. 1978)   Cited 2 times

    In the absence of direct local authority as to state law, it is proper for a federal court to look to other sources from other jurisdictions, treatises and restatements. Wendt v. Lillo, 182 F. Supp. 56 (N.D.Iowa 1960). Iowa law does provide broad principles for interpretation of insurance contracts.

  2. Stokes v. Liberty Mutual Insurance Company

    213 So. 2d 695 (Fla. 1968)   Cited 42 times
    Construing predecessor statute to be derivative in nature because the representative recovers only such damages as were recoverable by his decedent

    Speiser, Recovery for Wrongful Death, Ch. 5 (1966). Illustrative of those which treat the viable fetus as a person are: Rainey v. Horn, 221 Miss. 269, 72 So.2d 434 (1954); Mitchell v. Couch, 285 S.W.2d 901 (Ky. Ct. App. 1955); Stidam v. Ashmore, 109 Ohio App. 431, 167 N.E.2d 106 (1959); Wendt v. Lillo, 182 F. Supp. 56 (N.D.Ia. 1960); Gorke v. Le Clerc, 23 Conn. Sup. 256, 181 A.2d 448 (1962); State, Use of Odham v. Sherman, 234 Md. 179, 198 A.2d 71 (1964), with a strong dissenting view; Fowler v. Woodward, 244 S.C. 608, 138 S.E.2d 42 (1964); Todd v. Sandidge Constru. Co., 341 F.2d 75 (4th Cir. 1964), with a significant dissent; and Kwaterski v. State Farm Mut. Automobile Ins., 34 Wis.2d 14, 148 N.W.2d 107 (1967). On the other hand, a number of equally strong and persuasive decisions have held that a stillborn, viable fetus is not a person under similar death statutes.