Belcher v. Goins – Case Brief Summary (West Virginia)

In Belcher v. Goins, 184 W.Va. 395, 400 S.E.2d 830 (1990), the Court addressed the Bradley factors (Bradley v. Appalachian Power Co) and ruled that parental consortium claims could be maintained in specified instances where facts had arisen prior to Belcher's alteration of a claimant's rights.

Specifically, the Belcher court explained:

"However, to prevent stale claims, a parental consortium claim may not in any event be maintained if the parent was injured more than two years prior to this opinion. Furthermore, to accommodate the usual requirement that a parental consortium claim be joined with the parent's action for physical injuries, a parental consortium action must be brought no later than thirty days after this opinion is filed, where the parent's action was brought prior to this opinion for injuries which were inflicted no more than two years prior to this opinion." (184 W.Va. at 408, 400 S.E.2d at 843.)