Kentucky Parental Loss of Consortium

In Giuliani v. Guiler, Ky., 951 S.W.2d 318 (1997), the Kentucky Supreme Court recognized loss of parental consortium claims by minor children. the Court further held that recovery under a wrongful death claim is generally limited to economic loss, and explained that loss of consortium is a wholly separate cause of action from wrongful death. Id. at 322. Supreme Court's opinion in Giuliani v. Guiler, supra, set forth specific policy reasons for recognizing the claim. The Supreme Court first noted the statutory policy of the Commonwealth to protect and care for children in a nurturing home. KRS 600.010. ClXy, this interest would not be served by extending a claim for loss of parental consortium to emancipated adult children. In addition, the Supreme Court also noted that KRS 411.135 recognizes the individuality of the child and the value to a family by providing parents a consortium claim for the loss of the love and affection of their minor child. Id., 951 S.W.2d at 319. In Frank v. Superior Court, 150 Ariz. 228, 722 P.2d 955 (1986), Arizona recognized that parents may have a claim for loss of consortium arising out of negligent injury to or wrongful death of their adult children. The Arizona Supreme Court rejected as archaic the notion that consortium claims arise out of the common-law notion that parents are entitled to the pecuniary services of their child until the age of majority.