Because of X’s gross negligence, Y suffered injuries that resulted in the abortion of the fetus she carried. Y sued X for, among other damages, P1,000,000 for the death of a family member. Is Y entitled to indemnity for the death of the fetus she carried? (2011 BAR)
(a) Yes, since the fetus is already regarded as a child from conception, though unborn.
(b) No, since X’s would not have known that the accident would result in Y’s abortion.
(c) No, since birth determines personality, the accident did not result in the death of a person.
(d) Yes, since the mother believed in her heart that she lost a child.