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eBook details

• Title: Baxter v. Superior Court of Los Angeles County
• Author : Supreme Court Of California
• Release Date : January 06, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

[19 Cal3d Page 463] Our opinion in Borer v. American Airlines, ante, page 441 [138 Cal. Rptr. 302, 563 P.2d 858], holds that a child has no cause of action for the negligently caused loss of the affection and society of his parent. The present case presents the related question of whether the parents of an injured child can state a cause of action for the loss of the affection and society of their child. The two cases differ only in that by historical accident the common law permitted a parent to sue for the loss of the earnings and services of his child, but denied a child any cause of action for loss of parental support; relying upon this common law precedent, some states which do not allow a child to sue for loss of parental consortium nevertheless permit the parent, often in the guise of a suit to recover for loss of the child's services, to recover damages for loss of filial affection and society. In California, however, the parent's cause of action has not expanded beyond the ancient right to recover for loss of earnings and services of economic value. For the policy reasons stated in Borer, in particular the intangible nature of the injury and the danger of multiplication of claims and liability, we decline to enlarge the parent's cause of action to permit recovery for the loss of affection and society.

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