Pence v. Fox

Plaintiffs brought this suit arising from personal injuries sustained by John R. Pence. The District Court for the Eighth Judicial District, Cascade County, granted defendants’ motions, pursuant to Rule 12(b), M.R.Civ.P., to dismiss loss of consortium claims of Brittney and Jared Pence, brought by their mother and guardian, Judy L. Pence. Mrs. Pence, as guardian for the children, appeals. We reverse and remand for further proceedings on the merits.

The issue as restated is: Do minor children have a separate cause of action for loss of parental consortium when a parent is tortiously injured by…