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Substantive Facts This cases involves Womack V. Buchhorn and it was presented at the supreme court as an appeal from a summary judgement that had been entered for this case’s defendant. The court had to determine the issue regarding a common law negligence action presented on behalf of a child who survived frominjuries during fourth month of pregnancy. Before making a decision, the court had to consider the legal rights of a child regarding prenatal and postnatal care. Procedural Facts The issue in this case is based on the penalties for people who injure pregnant through assault, negligence, or other misconduct in way that causes the women to have miscarriages, or stillbirths, or that injures the fetus or embryo. The defendant decided to appeal for this case because it had been decided in a way indicating that the courts in Michigan are against a wrongful death action brought on behalf of a nonviable fetus or an embryo.