This case was categorized under tort law, as it involves two separate litigants clearing an altercation about something. For this case, Cindy and Stephen Martin’s daughter, Kelsey Lee, was pronounced stillborn at the hospital. The doctor responsible for the couple, Lynn Marriott, admitted that it was her negligence that caused the child to be stillborn. To compensate for their pain and suffering, the couple sued Marriott and the hospital to receive non-pecuniary damages. Their claim was that Cindy Martin was entitled to the damages since the hospital’s negligence was what resulted the fetus was her “body part” to die.
In court, the legal question was raised about whether or not the Martins should receive non-pecuniary damages for bereavement,
In court, the legal question was raised about whether or not the Martins should receive non-pecuniary damages for bereavement,