This Note will outline the evolution of wrongful death actions, with particular attention being given to the inclusion of unborn children under the providing statutes. It also traces North Carolina's legislative and judicial treatment of wrongful death actions. Next, the Note will discuss the inconsistencies created by ruling that pecuniary loss and loss of society and companionship cannot be recovered as a matter of law in a wrongful death action brought on behalf of viable fetus. It will argue that instead ,of limiting recovery as a matter of law, such damages should be addressed on a case-by-case basis and the question of whether damages are too speculative should be answered by the trial court. The Note concludes by addressing the consequences of Greer's decision to disregard DiDonato's mandatory joinder requirement. It suggests that although Greer provides an exception to the joinder requirement, it is unclear exactly how broad (or narrow) that exception is.
John M. McCabe, Examining DiDonato's Damage Limitations and Mandatory Joinder Requirements - Greer v. Parsons, 15 Campbell L. Rev. 97 (1992).