# Connor v. Monkem Co., Inc.

> Supreme Court of Missouri · May 30, 1995 · 898 S.W.2d 89

URL: https://www.frixlaw.com/law-library/cases/9772044

## Case

- **Full name:** Jason CONNOR, Appellant, v. MONKEM COMPANY, INC., Et Al., Respondents
- **Court:** Supreme Court of Missouri
- **Decided:** May 30, 1995
- **Citations:** 898 S.W.2d 89; 1995 WL 237501
- **Precedential status:** Published
- **Opinion:** Concurrence by Robertson
- **Judges:** Price, Holstein, Benton, Robertson, Thomas, Turnage, Covington, Limbaugh
- **Cited by:** 40 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/9772044

## How later opinions describe it (automated extraction)

- holding that, pursuant to § 1.205, a wrongful death claim under § 537.080 may be stated for a nonviable unborn child

## Opinion text

ROBERTSON, Judge,
concurring and concurring in result.
I concur in all but Part V of the majority opinion. I do not join Part V because, in my opinion, it is obiter dictum that does not reflect the Court’s experience.
The principal opinion asserts that the difficulties that attend proof of damages in wrongful death actions for viable unborn children “are all the more glaring in a case involving a child that has not even reached the point of viability in the womb.” (Majority op. at 93.) I disagree. I can see no greater difficulty in proving damages for an *94 unborn, nonviable child than for an unborn, viable child. To the extent those “difficulties” exist, they are the product of this Court’s decision in O’Grady v. Brown, 654 S.W.2d 904 (Mo. banc 1983), not of the Court’s decision today. In the dozen years since O’Grady , the trial bench and trial bar have apparently managed to establish a process for working through those difficulties. If they have not established such a process, they have maintained a remarkable silence in the face of their frustration.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9772044. Public record. Not legal advice.