Savannah Linley Ann Nelson Ramirez (“S.R.”), by her father, Stephen Ramirez (“Ramirez”), appeals the trial court’s grant of partial summary judgment in favor of James A. Wilson (“Wilson”) and Suzy-Q Trucking, LLC (collectively, “the Appellees”) upon a claim under Indiana’s child wrongful death statute, Indiana Code Section 34-23-2-1 (“the statute”). On appeal, Ramirez raises two issues:
I. Whether the trial court erroneously granted partial summary judgment upon a determination that a full-term fetus is not a “child” under the statute; and
II. Whether the statute, as interpreted by our Supreme Court in Bolin v. Wingert, 764 N.E.2d 201 (Ind. 2002), violates the privileges and immunities clause of the Indiana Constitution.
Conclusion (slip op. at 7): Inasmuch as there exist no genuine issues of material fact, and the Appellees are entitled to judgment as a matter of law on the claim under Indiana’s child wrongful death statute, the trial court properly granted partial summary judgment. Affirmed.
Key Analysis (slip op. at 5, 7): Only a child “born alive” fits the definition of “child” under the child wrongful death statute . . . To the extent that it may be said that Ramirez articulates and supports an equal privileges challenge, this Court has previously rejected such a constitutional claim . . . we cannot disregard supreme court precedent and purport to overrule indirectly on constitutional grounds.