Walter Hay, Regina Abruntilla as Guardian for Mary Hay and David Hay, B/N/F Walter Hay v. Medical Center Hospital of…

Summary

The court held that a minor child may recover for loss of parental consortium when a parent is rendered permanently comatose through tortious injury. The claim is derivative of the injured parent's negligence claim, and the court required joinder with that claim whenever feasible to reduce duplicative litigation. The court rejected objections based on remoteness, speculative damages, double recovery, legislative deference, and increased insurance costs, and reversed the order denying joinder. Justice Larrow, joined by Justice Peck, dissented, arguing that the claim was governed and barred by the wrongful-death statute.