understood to mean "incapable of living outside the womb because of immaturity.” Id. 567 A.2d at 1096. The intermediate appellate court, recognizing that recovery lay in Pennsylvania under its survival statute for a viable fetus even though stillborn, determined that in the absence of any case law supplying a principle that could justify an extension of the statute to encompass non-viable fetuses, it was "up to the legislature to create the cause of action.” Id. at 1098. 10 . Chief Justice Rehnquist delivered the opinion of the Court in Webster as to parts I, II-A, II-B, and II-C. As to parts II-D and III, which contained the above quoted language, the Chief Justice wrote an opinion in which Justices White and Kennedy joined. See also Casey, supra, 112 S.Ct. at 2811 (majority opinion) (<HOLDING>). 11 . We are not unmindful of the
recognizing onset of viability at twentythree to twentyfour weeks holding that district court did not abuse its discretion in denying a motion to withdraw guilty plea filed three weeks after entering the plea holding evidence of six sexually derogatory statements over twentythree months some repeated frequently sufficient to support a finding of pervasive harassment holding that a motion to intervene filed ten weeks after the commencement of the action was timely recognizing the late date of a motion to withdraw filed three weeks before trial