Dead woman loses liability as tortfeasor

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted October 1, 2014 3:05 PM

In a 1988 case where negligent driving by a pregnant woman allegedly injured her fetus, the Illinois Supreme Court ruled that “a fetus, subsequently born alive,” is not permitted to sue “its mother for the unintentional infliction of prenatal injuries.” Stallman v. Youngquist, 125 Ill.2d 267 (1988). Twenty-six years later — in the aftermath of an accident that killed Heather S. Balven and her unborn fetus (posthumously named Morgan A. Balven) — the question for the Illinois …

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