BELCHER V. GOINS
400 S.E.2d 830 (1990)
NATURE OF THE CASE: Certified questions were presented to the court for review. The
primary issue presented was whether the jurisdiction recognized a child's claim for loss or
impairment of parental consortium, against a tortfeasor for nonfatal, negligently inflicted
injuries sustained by the parent.
FACTS: Phyllis, mother of the plaintiff, Stephanie Belcher (P), was injured when the car
she was driving was negligently struck head-on by a car driven by Goins (D). At the time of
the collision P was over eighteen years of age but resided in her mother's home with her
mother. P was not in or near her mother's car at the time of the collision. P sued D and
sought recovery from D for 'loss of love, companionship, and consortium of and from her
mother,' for mental anguish and for nursing and household services provided by P to her
mother after her mother was injured. D moved to dismiss for failure to state a claim upon
which relief may be granted. The trial court denied such motion. The trial court, upon the
joint application of the parties, certified the following five questions, each answered in
the affirmative by the trial court: (1) Does a child have a claim for loss of consortium
against a tort-feasor occasioned because of injuries to a parent? (2) Does a child have a
claim for mental anguish against a tort-feasor for negligent injuries suffered by a parent?
(3) Does a child have a claim against a tort-feasor for nursing, domestic, or household
services provided by the child to a parent as a result of injuries suffered by a parent? (4)
Are the following elements included and encompassed within the broad definition of loss of
consortium: mental anguish suffered by a family member as a result of an injury to another
family member, loss of love, companionship, society of and from an injured family member,
and provision for nursing, household or domestic services provided by a family member to
another injured family member? (5) Does a child, regardless of age, have a claim for loss of
consortium against a tort-feasor as a result of injuries inflicted upon a parent [,]
provided the child resides in the same household with the injured parent?
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment