Loss of Consortium – Child
1Elements and Case Citations
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“[A] parent of a negligently injured child has a right to recover for the permanent loss of filial consortium suffered as a result of a significant injury resulting in the child’s permanent total disability. In this context, we define loss of “consortium” to include the loss of companionship, society, love, affection, and solace of the injured child, as well as ordinary day-to-day services that the child would have rendered.”
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[/MM_Access_Decision] [MM_Access_Decision access='true']“[A] parent of a negligently injured child has a right to recover for the permanent loss of filial consortium suffered as a result of a significant injury resulting in the child’s permanent total disability. In this context, we define loss of “consortium” to include the loss of companionship, society, love, affection, and solace of the injured child, as well as ordinary day-to-day services that the child would have rendered.”
U.S. v. Dempsey, 635 So.2d 961, 965 (Fla. 1994).
FLORIDA STATE COURTS
Supreme Court: U.S. v. Dempsey, 635 So.2d 961, 965 (Fla. 1994)(recognizing claim); Cruz v. Broward County School Bd., 800 So.3d 213, 216 (Fla. 2001)(loss of consortium is limited).
First District: Bashaway v. Cheney Bros., 987 So. 2d 93, 95-96 (Fla. 1st DCA 2008).
Second District: Root v. Balfour Beatty Const. LLC, 132 So. 3d 867, 870 (Fla. 2d DCA 2014).
FLORIDA FEDERAL COURTS
Eleventh Circuit: Gregory v. Miami-Dade Cty., Fla., 719 F. App’x 859, 870-71 (11th Cir. 2017).
Southern District: Doe v. Miami Dade Cty. Sch. Bd., No. 18-CV-20706, 2018 WL 6435742, at *3 (S.D. Fla. Dec. 7, 2018); Tu v. Royal Caribbean Cruises, Ltd., No. 13-21678-CIV, 2013 WL 12061873, at *1 (S.D. Fla. Sept. 19, 2013).
2 Defenses to Claim for Loss of Consortium – Child
(1) Fla. R. Civ. P. 1.110(d) (pleading affirmative defenses), and other standard defenses. See § 1.
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