Thomas A. Egbert and Joyce Hope Egbert v‪.‬

The issue in this case, not one of first impression in Nebraska, is whether an action for the wrongful death of a stillborn
fetus may be maintained under section 30-809, R. R. S. 1943. We conclude that it may not, and adhere to the rule set forth
in Drabbels v. Skelly Oil Co., 155 Neb. 17, 50 N.W.2d 229 (1951). Plaintiffs, Thomas A. and Joyce Hope Egbert, acting as the special administrator and administratrix of the estate of Baby
Girl Egbert, a viable fetus born dead, filed this wrongful death action against defendant Marcella Wenzl. Plaintiffs alleged
that the defendant negligently drove her automobile in the path of Joyce Hope Egbert's automobile on June 19, 1974, at which
time Joyce Hope Egbert was in her eighth month of pregnancy; that the negligence of the defendant proximately caused the death
of the viable fetus; and that the fetus was stillborn on June 20, 1974. Plaintiffs alleged that they had suffered pecuniary
loss, and loss of society, comfort, and companionship as the result of the death of the prospective child. Defendant demurred
on the ground that the facts alleged in plaintiffs' petition set forth no cause of action. The trial court sustained the demurrer,
plaintiffs elected to stand on their petition, and the trial court then dismissed the petition. Plaintiffs have appealed.