Iowa court officials have given the daughter of tragic Slipknot bassist Paul Gray permission to sue over the loss of her father's companionship.
The rocker died in May, 2010, aged 38, following an accidental drug overdose in an Iowa hotel.
His wife, Brenna Gray, was pregnant at the time of his passing and she gave birth to his daughter, October, less than three months later.
She attempted to take her late husband's doctor, Daniel Baldi, to court for wrongful death in February, 2014, claiming he failed to help the musician overcome his addictions, but her bid was rejected because she had waited too long to file legal papers.
Brenna appealed the ruling by Polk County District Judge Dennis Stovall, but on Friday (06May16), officials at the Iowa Supreme Court upheld the previous decision and tossed her claim.
However, a separate suit for damages, filed against Baldi on behalf of the couple's little girl, now five, was allowed to continue after judges concluded she had experienced the loss of her father's support, companionship, aid, affection, comfort, and guidance after her birth, reports The Associated Press.
The groundbreaking ruling marked the first time Supreme Court justices had approved such a case for a child who was a fetus at the time of the parent's passing.
Attorneys for the doctor, who was previously acquitted of the involuntary manslaughter of Gray, argued a child of "negative age" should not be considered a youth under the age of eight, and therefore could not pursue damages in such losses.
The case will now return to Polk County District Court, where October, referred to in legal papers as O.D.G., will be allowed to pursue her claim for loss of parental consortium damages.
Representatives for the Grays have yet to comment on the ruling.