Confidential Legal Memorandum to: Ken Starr
Subject: Melissa and Jason Goyette v. Lowell Henderson: Claim for Loss of Parental Consortium
This memorandum addresses the legal issues associated with the claim of minors Melissa and Jason Goyette under Connecticut law against defendant Lowell Henderson for the loss of parental consortium resulting from injuries he negligently or recklessly inflicted on their mother Alice Goyette.
Summary of Facts. On April 17, 1998, Alice Goyette was walking to the school attended by Melissa and Jason when she was struck by a car driven by the defendant who was legally intoxicated (drunk). Alice has been in a coma since April 18, is unable to speak and her health may be permanently impaired by the accident.
Question Presented. Whether a cause of action for loss of parental consortium is legally valid under Connecticut law.
Conclusion. The firm should take the case and file a cause of action on behalf of Melissa and Jason for their loss of parental consortium arising out of defendant's negligence. There is no statutory law on the subject and Connecticut's Supreme Court has not ruled on the matter; however, even though lower courts have been sharply divided on the subject, the recent trend in the cases has been in the direction of recognizing a cause of action for loss of parental consortium which appears in line with modern trends around the nation. We should not, however, undertake such a case on a contingent fee basis because there is a substantial possibility we will fail which must be carefully explained to the clients and their father.
1. There are no binding precedents at the appellate level in Connecticut as to whether minor children can maintain a cause of action for loss of parental consortium against third parties who negligently cause injury to a parent. In the loss of consortium area generally, the Connecticut Supreme Court has traditionally followed a distinct pattern of limi...