Supreme Court Asked To Review Lawsuit Involving Fetus

• {Kentucky}...The Kentucky Supreme Court is being asked to review a lawsuit brought by Thomas A. Stevens on behalf of his 24 year old daughter, Desiree Amber Stevens, and her 14 week old fetus, both of whom died in a 2008 crash in Estill County. The other driver and Stevens' insurance carrier, Progressive Direct, settled on behalf of Desiree Stevens, but refused to pay anything for the fetus. Circuit Judge Thomas Jones ruled they didn't have to and last month the Kentucky Court of Appeals affirmed that ruling. Stevens' attorney, J.T. Gilbert, says Kentucky courts allow compensation for the wrongful death of a viable fetus, which is defined as one able to live outside the womb. He also argues that state lawmakers have proclaimed in other areas of law that life begins at conception. However the appellate judges ruled unanimously on July 29th that Kentucky's wrongful death statute says damages may be recovered only for the death of a "person."