Glona v. American Guarantee & Liability Insurance Company
United States Supreme Court
Glona v. American Guarantee & Liability Insurance Co. et al.
Certiorari to the United States Court of Appeals for the Fifth Circuit
No. 639. Argued: March 27-28, 1968 --- Decided: May 20, 1968
In this diversity action petitioner seeks damages for the alleged wrongful death in Louisiana of her illegitimate son. The trial court granted respondents' motion for summary judgment on the ground that under Louisiana law a mother had no right of action for the death of her illegitimate son. The Court of Appeals affirmed.
Held: The Louisiana wrongful death statute as construed to bar recovery for damages to the parent of an illegitimate child while allowing such recovery to the parent of a legitimate child violates the Equal Protection Clause of the Fourteenth Amendment, there being no rational basis for the distinction. Levy v. Louisiana, ante, p. 68. Pp. 74-76.
379 F. 2d 545, reversed.
William F. Wessel argued the cause for petitioner. With him on the brief were Leonard J. Fagot, Marvin C. Grodsky, and Benjamin E. Smith.
David R. Normann argued the cause for respondents. With him on the brief were Frank S. Normann and Margot Mazeau.
Notes[edit]
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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