Keele Ex Rel. Kelle v. St. Vincent Hospital & Health Care
Montana Supreme Court
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
- Weitl v. MoesSupreme Court of Iowa · 1981
- Audubon-Exira Ready Mix, Inc. v. Illinois Central Gulf RailroadSupreme Court of Iowa · 1983
- Bain v. GleasonMontana Supreme Court · 1986
- Duffy v. Lipsman-Fulkerson & Co.District Court, D. Montana · 1961
- Pence v. FoxMontana Supreme Court · 1991
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