Per Quod Damages New Jersey
Three published Law Division decisions have dealt with the question of parents' entitlement to per quod damages for injuries sustained by their children.
In Brennan v. Biber, Judge Kole refused to expand recovery by a parent to include loss of a child's society and companionship, in addition to loss of earnings and services, there being "no authority in this State for allowing such recovery." 93 N.J. Super. 351, 369, 225 A.2d 742 (Law Div.1966), aff'd, 99 N.J. Super. 247, 239 A.2d 261 (App.Div.1968).
A contrary result was reached in Davis v. Elizabeth Gen. Med. Ctr., by Judge Menza who observed that, based upon statutory enactment or analogy with a spouse's claim for consortium, the trend appears to allow a per quod claim for companionship and society in cases where a minor child has been seriously injured. 228 N.J. Super. 17, 20-21, 548 A.2d 528 (Law Div.1988).
He concluded that such a claim was fair and reasonable and that there was no statutory provisions nor New Jersey precedent precluding such a claim. Id. at 23, 548 A.2d 528.