Carranza v. United States
2011 UT 80
| Utah | 2011Background
- Certification from Utah Supreme Court whether Utah Code 78-11-6 allows wrongful death for an unborn child.
- At the time, the statute stated that a parent or guardian may maintain an action for the death or injury of a minor child caused by another's wrongful act or neglect.
- Amelia Sanchez and the fetus’ father (Miguel Carranza) filed a federal suit alleging medical negligence and damages for pain and suffering, wrongful death, and related expenses.
- The federal district court granted certification to decide if 78-11-6 permits a wrongful death claim for an unborn child.
- The Utah Supreme Court acknowledged jurisdiction and analyzed the question under the pre-2009 statute version.
- Dissent argues the plain meaning excludes a fetus, citing Alma Evans Trucking v. Roach and related authorities and urging legislative action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 'minor child' includes an unborn child under 78-11-6. | Plaintiffs contend fetus fits within 'child' and 'minor child'. | Defendant (defense/oppose) argues fetus is not included; relies on ordinary usage and prior authorities. | Utah law allows a wrongful death claim for an unborn child beginning at conception. |
Key Cases Cited
- Alma Evans Trucking v. Roach, 714 P.2d 1147 (Utah 1986) (defines 'child' as born; unborn not included in that context)
- Clyde, 920 P.2d 1183 (Utah 1996) (unborn not within 'parents' rights' for wrongful death under 78-11-6)
- Olsen v. Eagle Mountain City, 248 P.3d 465 (Utah 2011) (plain meaning contextual approach to statutory terms)
- Marion Energy, Inc. v. KFJ Ranch P'ship, 267 P.3d 863 (Utah 2011) (principle that terms are read in ordinary meaning with context)