Glona v. American Guarantee & Liability Insurance Company

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.