
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, March 3, 1990                   TAG: 9003032881
SECTION: VIRGINIA                    PAGE: B2   EDITION: METRO 
SOURCE: 
DATELINE: RICHMOND                                LENGTH: Short

INFANT'S ESTATE CAN SEEK DAMAGES

Virginia Supreme Court ruled Friday that the estate of an infant who was born alive but subsequently died from injuries caused prior to birth can seek damages from the person responsible for the injuries.

The unanimous decision overturned a ruling by Roanoke County Circuit Judge G.O. Clemens, who dismissed the wrongful death damage claim brought on behalf of Hunter Brandon Kalafut.

Kalafut was born on Sept. 14, 1985, after his mother went into premature labor. He died an hour and 20 minutes later.

Three weeks before the infant's birth, his mother had been involved in an automobile accident when her vehicle was struck from behind by a vehicle driven by John Defrees Gruver Jr. At the time, Debra E. Kalafut was 21 weeks pregnant.

The Supreme Court noted that at least 12 other states have conditional liability rules for wrongful death actions when the infant is born alive.

- Associated Press

by CNB