Is a stillborn fetus a "person" within the meaning of the wrongful death statute?

The principal issue in this case is whether a stillborn fetus is a 'person' within the meaning of the wrongful death statute. (Code Civ.Proc., 377.) An additional question presented is whether the pleadings are sufficient to state a cause of action for emotional shock under the rule of Dillon v. Legg (1968) 68 Cal.2d 728, 69 Cal.Rptr. 72, 441 P.2d 912. We conclude that both issues should be decided in the negative, and hence that the judgments should be affirmed.