Legal Opinion

Gibson v. Campbell

Court of Appeals of North Carolina

Decided March 3, 1976No. 7518SC779PublishedCited by 1 opinion

1Opinion of the Court

PARKER, Judge.

When an unemancipated minor child receives bodily injuries as result of the tortious conduct of another, a cause of action arises in the parent to recover from the tort feasor for loss of services of the child during its minority. Kleibor v. Rogers, 265 N.C. 304, 144 S.E. 2d 27 (1965) ; 3 Lee, North Carolina Family Law, § 241; Annot., 32 A.L.R. 2d 1060 (1953). However, if the child dies as a result of such tortious conduct, there can be no recovery for loss of services for the period following the death, though the parent may still recover damages for loss of services of the…

2Cases cited12 opinions

  1. Killian v. Southern Railway Co.Supreme Court of North Carolina · 1901
  2. State Ex Rel. Dyer v. SimsWest Virginia Supreme Court · 1950
  3. White v. . Comrs. of JohnstonSupreme Court of North Carolina · 1940
  4. Kleibor v. RogersSupreme Court of North Carolina · 1965
  5. Croom v. . MurphySupreme Court of North Carolina · 1920

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3Cited by1 opinion

  1. Christenbury v. HedrickCourt of Appeals of North Carolina · 1977

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