Legal Opinion · Concurrence

Keele Ex Rel. Kelle v. St. Vincent Hospital & Health Care

Montana Supreme Court

Decided May 6, 1993No. 92-121Published

1ConcurrenceJustice Trieweiler

specially concurring.

I concur with the result of the majority opinion, but disagree with the standard established by the majority for determining whether a child has a cause of action for loss of his or her parent’s consortium.

The nature of the loss for which a consortium action is brought is damage to the relationship between the parent and the child. When we recognized the right of a child to make a claim for loss of a parent’s consortium, we pointed out that:

[T]he rights of the child to support, aid, protection, affection and society of the parent derive from both statute and case law.…

2Cases cited9 opinions

  1. Weitl v. MoesSupreme Court of Iowa · 1981
  2. Audubon-Exira Ready Mix, Inc. v. Illinois Central Gulf RailroadSupreme Court of Iowa · 1983
  3. Bain v. GleasonMontana Supreme Court · 1986
  4. Duffy v. Lipsman-Fulkerson & Co.District Court, D. Montana · 1961
  5. Pence v. FoxMontana Supreme Court · 1991

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