Legal Opinion

Belcher v. Goins

West Virginia Supreme Court

Decided December 19, 1990No. 19566PublishedCited by 50 opinions

1Opinion of the Court

McHUGH, Justice:

The primary issue presented in this case is whether this jurisdiction recognizes a child’s claim for loss or impairment of parental consortium, against a tortfeasor for nonfatal, negligently inflicted injuries sustained by the parent. We believe the Circuit Court of McDowell County answered the certified questions correctly in part and incorrectly in part. While this Court herein recognizes such a claim by a minor child, or by a handicapped child of any age who is dependent upon the injured parent, the plaintiff here was not a minor or handicapped child at the time the cause…

2Cases cited53 opinions

  1. Harless v. First National Bank in FairmontWest Virginia Supreme Court · 1982
  2. Bradley v. Appalachian Power Co.West Virginia Supreme Court · 1979
  3. Ferriter v. Daniel O'Connell's Sons, Inc.Massachusetts Supreme Judicial Court · 1980
  4. Morningstar v. Black & Decker Manufacturing Co.West Virginia Supreme Court · 1979
  5. De Angelis v. Lutheran Medical CenterNew York Court of Appeals · 1983

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3Cited by50 opinions

  1. Susie Myers Perkins, Administratrix of the Estate of John David Perkins, Jr., Deceased v. United StatesCourt of Appeals for the Fourth Circuit · 1995
  2. Bowen v. Kil-Kare, Inc.Ohio Supreme Court · 1992
  3. Kincaid v. MangumWest Virginia Supreme Court · 1993
  4. Kessel v. LeavittWest Virginia Supreme Court · 1998
  5. Mendillo v. Board of EducationSupreme Court of Connecticut · 1998

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