Giuliani v. Guiler

Respectfully, I must dissent, not because the notion of awarding damages to a child for loss of parental consortium is without merit, but because the Constitution of Kentucky has removed the issue from the jurisdiction of this Court.

There is not and never has been a common law right of action for wrongful death. Smith’s Adm’r v. National Coal & Iron Co., 135 Ky. 671, 117 S.W. 280 (1909); Eden v. Lexington & Frankfort B.R. Co., 53 Ky. (14 B. Mon.) 204 (1853). “The maxim, ‘Actio personalis moritur cum persona,’ was the uniform rule of the common law, and prevails in Kentucky to-day (sic),…