Judge waits to rule on motion to dismiss in wrongful death suit against a Huntsville clinic

WHNT 19 ^ | July 25, 2019 | Kelley Smith,

[Morgana]

HUNTSVILLE, Ala. - It's a case making national headlines and being touted as a first of it's kind.

Ryan Magers filed a wrongful death suit against Alabama Women's Center, a Huntsville clinic that performed an abortion for his ex-girlfriend. She was 6 weeks along at the time of the abortion.

In court Wednesday, Madison County District Judge Chris Comer decided to wait to make a decision on the dismissal of the case. He asked attorneys for both the plaintiff and defendant to submit proposed orders no later than two weeks from Wednesday. He said he would take arguments presented in court under advisement and make a decision after the proposed orders were submitted.

"There's never been a case like this in the United States of America, it didn't get dismissed, we have the opportunity to move forward. We are really excited. We're confident," said Magers' attorney, Brent Helms.

What makes the case stand out is who is listed as a plaintiff. In the original claim, Ryan Magers was listed as a plaintiff as an individual and as a representative of the estate of the unborn child. During the hearing, Magers, as an individual, was removed as a plaintiff.

"You can't run both concurrently; it's got to one or the other. Either he's going to file as an individual or he's going to file as the personal representative of the estate of his deceased child and we decided to file, well to proceed at this point, solely under him being named the personal representative of the estate," Helms said.

[be-baw]

‘proceed at this point, solely under him being named the personal representative of the estate,”

I don’t mean to sound cynical, but what estate?

That being said I really hope Mager wins. My gut feeling is.....not likely.

[Mrs. Don-o]

I am amazed that this has never been tried before.

Long ago my friend Mary D. told me that her unborn baby Bridget was a named beneficiary on a health insurance plan --- she got, and insurance paid for, prenatal surgery ---and was therefore (at that time, 40 years ago in PA) was a Legal Person. We both speculated that if you left a bequest or designated money or property for an unborn baby it would at least complicate anybody's decision to kill that baby, because the baby would have an "estate."

You could at least file for Wrongful Death.

Well, at last somebody's doing it. May God prosper them.

It might even be a way to make baby-killing illegal again.

[arrogantsob]

Where does the plaintiff get “standing?”

[PistolPaknMama]

Fascinating. Definitely a case to follow.

[Persevero]

My concern here is that if he has right to protect his child ( which I do indeed think he ought to and should) then contrarily he could have the right to demand his child be killed.

Better to just promote the personhood of the child - no one has the right to kill a baby. And all should be interested in protecting the child.

[Mrs. Don-o]

I don't know how this works. If the unborn has an estate ---- say a gift of funds or property from his father, --- or if he is an named beneficiary, is he not in a legal relationship to his father?

This is just a wild guess. I don't know.

What if you left money to your dog. Could someone represent the dog's interest? And/or its estate?

(The questions get wilder and wilder.)

Is not the infant in the womb, the father's offspring?

[arrogantsob]

It is A father’s offspring.

[Mrs. Don-o]

DNA could clear that up.