Reagan v. Vaughn

804 S.W.2d 463 (1990)

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Nature of the Case

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Facts

David was involved in a fight with a patron in the parking lot of K-Jacs in Pasadena, Texas. The manager of the bar, Vaughn (D) struck David on the head with a baseball bat. David suffered severe injury and now functions at the level of a six-year-old. David and his minor Daughter, Julia (P) sued D and the owners of K-Jacs and others. The jury found the parties negligent and awarded damages in the amount of $2,432,000 to David and $405,000 to P for loss of parental care, nurture, and guidance. The trial court never addressed the issue of whether a child may recover damages for the loss of parental companionship, love, and society when a parent is injured. Ds appealed. The court of appeals stated that it did not have the authority to recognize such a cause of action. They modified the judgment and deleted the award for loss of parental consortium. Ds appealed.