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Kentucky Appeals Court Rejects Grandparent Loss of Consortium Claim
Dec 13th, 2010
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Kentucky Appeals Court Rejects Grandparent Loss of Consortium
Claim
Recently, the Kentucky Court of Appeals rejected a
grandparent’s attempt to assert a loss of consortium claim in an auto accident
case. Before I explain the ruling in this case, I need to explain generally the
nature of a loss of consortium claim.
“Loss of consortium” is a claim for loss of society and
affection of a person of close family relationship when someone is killed as
the result of the negligence of another. In Kentucky, three types of loss of
consortium claims are allowed: (1) a child can make a claim for the loss of
society and companionship of a parent who is killed as a result of the
negligence of another; (2) a parent can make a claim for the loss of
companionship and society of the child if the child is killed and (3) a spouse
can make a claim for loss of consortium when their spouse is killed or injured
by another. To learn more about loss of consortium claims and other claims in
allowed in Kentucky go to the damages section of this website.
Loss of consortium claims are most commonly brought when
there is an auto accident, motorcycle accident or truck accident. In the recent
case before the Court of Appeals, a grandparent attempted to bring a loss of
consortium claim due to the death of a nine-year old girl when the grandparent
dropped her off to get on her school bus and a MSD truck hit her as she crossed
the road. Although, I agree with the court that grandparents should not be
allowed to make a loss of consortium claim, I believe the Court of Appeals made
a poor decision in this case because the grandparent was also the legal
guardian for the child. The grandparents were de facto parents and should have
been able to make a claim for parental loss of consortium.
Hopefully, this case will be appealed to the Kentucky
Supreme Court so that the result can be changed to recognize the grandparents
as de facto parents for the nine-year old girl tragically killed by a truck.
The office of the Kentucky Auto Accident Attorney has been
representing victims of accidents since 1986 and if you have been a victim,
please feel free to contact the office by email or at 1-502-241-8000
(Louisville Office) or 1-859-367-0036 (Lexington Office).
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