Vivian Villareal, et. al. v. State of Arizona Dept. of Transportation, et. al., 160 Ariz. 474 (1989)
CASE: Children sue for loss of consortium after their parents are injured.
FACTS: Consolidated cases in which a parent is severely injured due to the negligence of a third party. The children sue for loss of consortium.
DEFENDANTS ARGUE: - The claim creates a risk of double jeopardy.
- Recognition of this claim expands liability beyond foreseeablity and places an undue burden on tortfeasors.
- Recognizing this action will cause unlimited claim multiplication and great difficulty for trial courts in determining who is a proper plaintiff.
COURT SAYS: Action will be recognized, overturning case precedent and finding favor of the children.
HOLDING: Children of biological or adoptive parents injured as a result of the negligence of a third party may bring a loss of consortium action against the third party where the parent suffers serious, permanent, disabling injury (mental or physical), rendering the parent unable to provide love, care, companionship and guidance to the child and destroying or nearly destroying the parent-child relationship.
RATIONALE:
- Children have a right to enjoy a mutually beneficial relationship with their parents.
- The loss of a parent's love, care and companionship can severely impact a child's development and have a major influence on a child's welfare and personality throughout life.
- Because every individual's character and disposition impact on society, it is of highest importance to the child and society that we protect the right to receive the benefits derived from the parental relationship.
- Proper jury instructions and special verdicts can eliminate the risk of double recovery.
- The foreseeability of harm to a victim's child is as equally foreseeable as harm to a victim's spouse.
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