The Kentucky supreme court has been asked to rule on a “fetal death” lawsuit enacted by the future grandfather of a fetus that died in utero during a car accident, along with his daughter.

Via the Houston Chronicle:

The Kentucky Supreme Court is being asked to review a lawsuit seeking damages for the death of an early-term fetus in a car crash.

The lawsuit was 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 the 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, according to The Courier-Journal (http://bit.ly/pZtYS2).

“Harsh as it seems,” Jones wrote, damages for a “non-viable fetus are not recoverable.”

The lawyers in the suit are arguing that since state lawmakers have declared in pieces of legislation that life begins at conception, that means that statute that says damages may only be awarded for the death of a “person” should apply to any level of pregnancy, not just post-viability.

A ruling for the family could have effects not just on the state’s abortion laws, by legally stating that all fetuses are equal at all stages of pregnancy, but could also likely have an effect on how auto insurance works.  If a pregnant woman or her family can sue at any point for the loss of a pregnancy due to an accident, it’s highly likely that insurance rates would have to increase to cover the potential payouts.

Stevens says his suit is created to “honor the fact that he had a grandchild,” but it could have the potential to change the face of both law and business if the suit was won.