Wisconsin Supreme Court allows wrongful death claim.

• Date: 19 March 2007
• Published date: 19 March 2007

Byline: Wisconsin Law Journal Staff

A man may bring a wrongful death action on behalf of a stillborn, and then move to establish paternity, the Wisconsin Supreme Court held Mar. 9. However, he may not bring a paternity action, and then file a wrongful death action. C.A.V.M. was stillborn as a result of a motor vehicle accident involving her mother, Alicia. Alicia is legally incompetent as a result of the accident. Shannon E.T. initiated a wrongful death action against Alicia and the other driver, alleging that he was the father of C.A.V.M. Wood County Circuit Court Judge Edward F. Zappen, Jr., held that the action could not proceed without a determination that Shannon was the father, and stayed the case. Shannon then commenced a paternity action. Alicia's guardians moved to dismiss, arguing that sec. 767.45(1) does not permit a man to claim paternity of a stillborn. Monroe County Circuit Court Judge Michael J. McAlpine granted the motion. The court of appeals affirmed in a published opinion, Shannon E.T...