Rivera Concepcion v. Pepsi Cola of Puerto Rico

OPINION AND ORDER

GIERBOLINI, District Judge.

A horrible automobile accident occurred several years ago and we must now determine whether a claimant, who had not been born nor even conceived at the time of the negligent act, is entitled to recover damages under Article 1802 of the Puerto Rico Civil Code. In so deciding, we must determine whether vel non under Puerto Rico law there is a duty not to harm the unborn not yet conceived. After a thorough analysis of this situation in light of the applicable law and jurisprudence of the Commonwealth of Puerto Rico and the Spanish commentators, we…