AN ACT CONCERNING A CAUSE OF ACTION FOR LOSS OF CONSORTIUM BY A MINOR CHILD WITH RESPECT TO THE DEATH OF A PARENT.

AN ACT CONCERNING A CAUSE OF ACTION FOR LOSS OF CONSORTIUM BY A MINOR CHILD WITH RESPECT TO THE DEATH OF A PARENT.

This bill allows a minor (child under age 18) to bring a claim or cause of action for loss of consortium as a result of the wrongful death of his or her parent. Under existing law, a minor may bring such a claim or cause of action when a parent suffers a non-fatal injury (see BACKGROUND). (Loss of consortium is a claim for damages suffered by the spouse or relative of someone injured or killed as a result of the defendant's negligent, intentional, or otherwise wrongful acts.)

Under the bill, a minor's claim or cause of action for loss of consortium with respect to the wrongful death of his or her parent:

1. must be derivative to the claim for wrongful death to the same extent as the spouse's claim for loss of consortium;

2. may include a claim or cause of action for the determination of damages with respect to the loss of love, care, companionship, and guidance provided by the parent, suffered by the child because of the parent's death;

3. is separate and independent of all other claims when determining damages;

4. must be contingent on proof sufficient to establish recovery for a claim or cause of action for wrongful death;

5. must begin during the time within which an action may be brought with respect to the death of the parent; and

6. must be brought while the child is a minor.

The bill limits recovery of pecuniary (i.e., monetary) damages, for the parent's services, to the minor raising the claim and specifies that any such claim or cause of action must be brought with or joined with the claims and causes of action with respect to the death of the parent.

It also specifies that any available defenses against a claim or cause of action for wrongful death may be asserted against a claim or cause of action for loss of consortium.

*Senate Amendment “A” allows, rather than requires, the court to award the child pecuniary damages for the value of his or her parent's services. It also clarifies that a minor's claim or cause of action for loss of consortium of a parent may only be brought if the parent's death was wrongful.

The Connecticut Supreme Court, in Campus v. Coleman, reversed the decision of the trial court and recognized a minor's cause of action for loss of parental consortium under circumstances where the parent suffered a non-fatal injury. However, the court did not extend this cause of action to a claim for loss of parental consortium when the parent is killed, stating that under common law there is no right of recovery for wrongful death by the decedent's estate or family members (319 Conn. 36 (2015)).

Yea

Nay

(03/21/2016)