# Amadio v. Levin

> Supreme Court of Pennsylvania · December 4, 1985 · 509 Pa. 199

URL: https://www.frixlaw.com/law-library/cases/9706528

## Case

- **Full name:** Joseph AMADIO and Regina Amadio, Administrators Ad Prosequendum of the Estate of Jennifer Amadio, Deceased, and in Their Own Right, as Husband and Wife, and Parents and Natural Guardians of Jennifer Amadio, Deceased, Appellants, v. Harvey M. LEVIN, M.D., Daniel J. Columbi, M.D., Martin Zeluck, M.D. and Wesley W. Bare, M.D., Appellees
- **Court:** Supreme Court of Pennsylvania
- **Decided:** December 4, 1985
- **Citations:** 509 Pa. 199; 501 A.2d 1085; 1985 Pa. LEXIS 441
- **Precedential status:** Published
- **Opinion:** Dissent by Hutchinson
- **Judges:** Nix, Larsen, Flaherty, McDermott, Hutchinson, Zappala, Papadakos
- **Cited by:** 64 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9706528

## How later opinions describe it (automated extraction)

- declining “to decide the criminal liability, if any, attendant upon causing the death of a child en ventre sa mere”

## Opinion text

HUTCHINSON, Justice,
dissenting.
Contrary to Mr. Justice Zappala’s exegesis, I believe the Wrongful Death and Survival Acts were entirely creatures of statute, both in England and the United States. Considering our settled interpretation of them and the absence of *238 legislative response, I believe the majority incorrectly ventures into policy areas more properly left to the legislature, especially since tort damages for the pain and suffering of parents who have lost their child are compensable in their own tort action. See W.P. Keaton, Prosser and Keaton on The Law of Torts, § 125A (1984).
NIX, C.J., joins in this opinion.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9706528. Public record. Not legal advice.