Schultz v. Grogean

Pursuant to Mass. R. Civ. P. 64, 365 Mass. 831 (1974), a judge of the Superior Court has reported the question whether the parents of an emancipated adult child may recover compensatory damages as next of kin pursuant to the wrongful death statute, G. L. c. 229, §§ 1 and 2. The judge denied the defendant’s motion in limine to exclude evidence for “any loss of consortium type damages.” The judge reasoned that “[n]o Massachusetts Appellate decision appears to support [the] Defendant’s contention that Massachusetts common law does not recognize ‘a claim by a parent for the loss of society of an…