Durepo v. Fishman

McKUSICK, Chief Justice.

This case invites us to declare for the first time that in Maine a minor child has an independent right of action for loss of parental consortium against a third person who negligently causes physical injury to his mother. We decline that invitation.

Acting solely on behalf of their minor children Chris and Travis, Patricia Durepo and her husband sued defendant Eric Fish-man, a practicing physician, for the children’s loss of their mother’s “love, society, companionship, guidance and care” by reason of physical injuries suffered by the mother from defendant’s alleged…