It is a difficult to put a number on these types of nonmonetary damages, which brings about the possibility of “double recovery.†(2) A cause of action by a child is distinguished from Rodriguez because (a) much of the basis of a spouse’s claim is loss of sexual relations (b) there could be far more claims by multiple children as opposed to one spouse (c) all 18 jurisdictions where this issue has been brought have rejected the proposed cause of action by a child. (1) Loss of consortium is “an intangible, nonpecuniary loss,†the loss of which cannot be brought back by an award of monetary damages. This Court’s decision is strongly formed on public policy considerations and in distinguishing the Rodriguez case to this current one. Fear of double recovery can be handled by procedural mechanisms such as “joinder of actions and appropriate instructions to the jury.†It was acknowledged in Rodriguez that “the nonsexual loss suffered by a spouse is at least as great as the sexual loss.†Despite the rejection of this type of claim in other jurisdictions, “this court has initiated new trends in the law of personal torts by extending the protection of the courts to previously neglected classes of accident victims.†While line drawing is important, “ustice, compassion, and respect for our humanitarian values require that the ‘line’ in this matter be drawn elsewhere.â€Ĭlark, Richardson, Sullivan, and Write, JJ., concur. A jury is charged with determining “pain and suffering†damages and so should be capable of quantifying damages for loss of consortium. Mosk states all reasons stated in support of this Court’s decision were contemplated and rejected in Rodriguez. Mosk, Justice, dissents and would reverse the judgment. Whether a child can bring a cause of action for loss of parental consortium similarly to the cause of action a spouse can bring when a spouse is injured.Ī child may not bring a negligence claim for loss of “parental consortium.†The inability to do so does not violate the child’s equal protection rights. ![]() Los Angeles County Superior Court sustained American Airlines’ demurrer with no leave to amend and dismissed. The children (Plaintiffs) sued several including manufacturer and American Airlines claiming loss of parental consortium and seeking damages in the amount of $100,000 per child. Patricia Borer, mother of nine children, was injured when a light fixture, which was allegedly defective in its manufacture or installation, fell from the ceiling at Kennedy Airport’s American Airlines Terminal and hit her.
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