Reagan v. Vaughn

In Reagan v. Vaughn, 804 S.W.2d 463, 468, 34 Tex. Sup. Ct. J. 189 (Tex. 1990), the Court held that a child is entitled to seek damages for loss of consortium when a parent suffers a serious, permanent, and disabling injury. The Court equated the child's relationship to the parent to that of one spouse to another, a relationship for which we had previously recognized consortium rights. Id. at 465-66. The Court further noted the vulnerable and dependent role of the child in this relationship and the profound harm that might befall a child who has been deprived of a parent's love, care, companionship, and guidance. Id. at 466. The Court held that the common law supports a child's recovery of damages for loss of consortium when a parent is injured but not killed by the tortious act of a third party. These cases, and others outlined below, explain why the Court grudgingly acknowledges a "surface logic" to extending consortium rights to parents whose children are severely injured.