McCoy v. Crumby

Summary

The Arkansas Supreme Court affirmed dismissal of the McCoys’ claim for underinsured-motorist benefits arising from the death of a viable fetus in a 1999 automobile accident. The court held that Aka v. Jefferson Hospital Association, Inc., which recognized a viable fetus as a person under Arkansas’s wrongful-death statute, applied only to the Aka case and to causes of action arising after June 21, 2001, when the decision became final. Because the McCoys’ cause of action arose before that date, the complaint failed to state a claim.

Holdings

1. Aka applies only to the Aka case itself and to causes of action arising after Aka became final on June 21, 2001; it does not apply to the appellants' cause of action arising from the September 9, 1999 accident.
2. The complaint failed to state a claim for recovery based on the death of the fetus because, under the applicable law at the time the cause of action arose, a fetus was not a person for purposes of Arkansas's wrongful-death statute.
3. A third-party complaint under Ark. R. Civ. P. 14 was not the proper procedure for asserting the appellants' claim against Southern Farm, although the court treated the appellants' request as a motion to amend the complaint to add Southern Farm as a defendant.

Questions Presented

1. Whether the Arkansas Supreme Court's decision in Aka v. Jefferson Hospital Ass'n, Inc., recognizing a viable fetus as a person under the wrongful-death statute, applied retroactively to a cause of action arising before Aka became final.
2. Whether the appellants' complaint stated a claim for underinsured-motorist benefits based on the death of the viable fetus.
3. Whether the appellants' use of a third-party complaint against Southern Farm was procedurally proper.

Disposition

affirmed