Campos v. Coleman

The named plaintiff, in her individual capacity and in her capacity as administratrix of the estate of her late husband, and the couple’s three children, brought this action against Defendants, alleging wrongful death and including claims for the children’s loss of parental consortium. Defendants filed a motion to strike the loss of parental consortium claims in accordance with Mendillo v. Board of Education, which the trial court granted. The jury then returned a verdict for the plaintiffs on the remainder of the claims. At issue on appeal was whether the Supreme Court should overrule the holding in Mendillo, in which the Court declined to recognize a derivative cause of action for loss of parental consortium by a minor child. The Court concluded that it should and therefore reversed the judgment with respect to the claims for loss of parental consortium, holding (1) Mendillo’s holding is overruled, and the Court now recognizes a cause of action by a minor child for loss of parental consortium resulting from an injury to a parent, subject to certain limitations; and (2) the holding recognizing a cause of action for loss of parental consortium applies to the present case. View "Campos v. Coleman" on Justia Law