Belcher v. Goins
184 W. Va. 395, 400 S.E.2d 830 (1990)
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Rule of Law:
A minor child, or a physically or mentally handicapped child of any age who is financially, physically, and emotionally dependent upon their parent, may maintain a cause of action for loss or impairment of parental consortium against a third person who negligently inflicts serious, non-fatal injuries upon the parent.
Facts:
- Sherry L. Goins negligently drove her car, causing a head-on collision with a vehicle driven by Phyllis Belcher.
- Phyllis Belcher sustained physical injuries as a result of the collision.
- Stephanie L. Belcher is the daughter of Phyllis Belcher.
- At the time of the collision, Stephanie Belcher was over eighteen years of age and resided in the same home as her mother.
- Stephanie Belcher was not in or near her mother's car at the time of the collision.
- Following the collision, Stephanie provided nursing and household services for her injured mother.
Procedural Posture:
- Phyllis Belcher's personal injury claim against Sherry L. Goins was settled and dismissed with prejudice.
- Her daughter, Stephanie L. Belcher, filed an amended complaint in the Circuit Court of McDowell County (trial court) against Goins, seeking damages for loss of parental consortium and other claims.
- Goins filed a motion to dismiss for failure to state a claim upon which relief could be granted.
- The trial court denied Goins' motion to dismiss.
- Upon the joint application of both parties, the trial court certified five legal questions to the Supreme Court of Appeals of West Virginia (the state's highest court) for resolution.
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Issue:
Does a child have a claim for loss of parental consortium against a tortfeasor for non-fatal, negligently inflicted injuries sustained by the parent?
Opinions:
Majority - McHugh, Justice
Yes, a minor child or a dependent handicapped child has a claim for loss of parental consortium against a tortfeasor for non-fatal injuries to a parent. The court recognizes this new cause of action by evolving the common law, reasoning that the harm to a child from the severe injury of a parent is comparable to the harm from their death, for which consortium damages are already permitted. The court analogizes the claim to spousal consortium, noting that while sexual relations are absent, the core elements of love, companionship, society, and guidance are present and deserving of protection. The court addresses and dismisses several arguments against recognizing the claim, such as the potential for double recovery and multiplicity of lawsuits, by establishing procedural safeguards. Specifically, the child's claim must ordinarily be joined with the injured parent's action, and jury instructions must clearly delineate between the parent's recovery for pecuniary losses and the child's recovery for nonpecuniary consortium damages. The court limits this new claim to minor children and dependent handicapped children, declining to extend it to all adult children, and therefore finds that the specific plaintiff in this case, being a non-dependent adult, cannot recover.
Analysis:
This decision establishes a new common-law cause of action in West Virginia, expanding tort liability for negligence to include damages for loss of parental consortium in non-fatal injury cases. By doing so, the court aligns West Virginia with a growing minority of jurisdictions that have judicially created this claim, emphasizing the court's role in evolving the common law to reflect modern societal values regarding the parent-child relationship. The opinion sets clear procedural guardrails, such as mandatory joinder and limits on recovery, to manage the practical challenges of this new claim, which will guide future litigation in this area. This ruling creates a new class of potential plaintiffs (minor and dependent handicapped children) and will require defendants and their insurers to account for this additional liability when a parent is seriously injured.
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