HOWARD FRANK, MD, PC v. Superior Court

GORDON, Vice Chief Justice.

This Petition for Special Action raises the issue of whether parents may maintain a cause of action for loss of consortium against a third party who negligently injures their adult child. The petition was brought by Howard Frank, M.D., who claims that the respondent judge erred by denying a motion for summary judgment in the underlying tort action. We have jurisdiction pursuant to Arizona Const, art. 6 § 5(1), and Ariz.R.Sp.Act. 4, 17A A.R.S.

The real parties in interest are Emily and Roland Lee Hathaway, parents of Marilyn Hathaway, an adult. In 1983 Marilyn…