Belcher v. Goins

400 S.E.2d 830 (1990)

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Nature of the Case

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Facts

Phyllis, mother of the plaintiff, Stephanie Belcher (P), was injured when the car she was driving was negligently struck head-on by a car driven by Goins (D). At the time of the collision, P was over eighteen years of age but resided in her mother's home with her mother. P was not in or near her mother's car at the time of the collision. P sued D and sought recovery from D for 'loss of love, companionship, and consortium of and from her mother,' for mental anguish and for nursing and household services provided by P to her mother after her mother was injured. D moved to dismiss for failure to state a claim upon which relief may be granted. The trial court denied such motion. The trial court, upon the joint application of the parties, certified the following five questions, each answered in the affirmative by the trial court: (1) Does a child have a claim for loss of consortium against a tort-feasor occasioned because of injuries to a parent? (2) Does a child have a claim for mental anguish against a tortfeasor for negligent injuries suffered by a parent? (3) Does a child have a claim against a tortfeasor for nursing, domestic, or household services provided by the child to a parent as a result of injuries suffered by a parent? (4) Are the following elements included and encompassed within the broad definition of loss of consortium: mental anguish suffered by a family member as a result of an injury to another family member, loss of love, companionship, society of and from an injured family member, and provision for nursing, household or domestic services provided by a family member to another injured family member? (5) Does a child, regardless of age, have a claim for loss of consortium against a tortfeasor as a result of injuries inflicted upon a parent, provided the child resides in the same household with the injured parent?