Updated: Ruling Allowing Parental Loss of Consortium Claims Overturns Longstanding Precedent
Plaintiffs' lawyers have a new weapon in their arsenal. The state Supreme Court, in a split decision, has ruled that Connecticut children have the right…
October 02, 2015 at 02:08 PM
6 minute read
Plaintiffs' lawyers have a new weapon in their arsenal. The state Supreme Court, in a split decision, has ruled that Connecticut children have the right to sue for loss of consortium in personal injury cases. Previously, only spouses were eligible to collect such damages.
The court, in overturning longtime precedent, reasoned that there was a “unique emotional attachment” between parents and children, and that the grown-ups provide “critically important services” to their offspring.
The Sept. 28 ruling comes in the case of a West Haven family. The father of three children, Jose Campos, was struck and killed while riding a bicycle in September 2008. The family won more than $2 million in a wrongful death lawsuit. However, the children also sought loss of consortium damages but the trial judge dismissed the claim, citing a 1998 state Supreme Court decision that rejected such claims.
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