Summary
The Ohio Supreme Court answered a certified question concerning whether emancipated adult children may recover for loss of parental consortium caused by injuries to a parent. The court held that adult emancipated children may maintain such claims under Ohio law, reasoning that the parent-child relationship and associated losses do not end when a child reaches the age of majority.
Topics
Practice areas
Questions Presented
- Whether emancipated adult children may maintain a claim under Ohio law for loss of parental consortium caused by injuries to a parent.
Holdings
- Under Ohio law, adult emancipated children may recover for loss of parental consortium; recovery is not limited to minor children merely because the child has reached the age of majority.
Key quotations
“In conclusion, we find no legitimate reason to limit recovery for loss of parental consortium to minor children. Consequently, we hold that adult emancipated children may recover for loss of parental consortium.” (384)
“Therefore, regardless of the age of the child, the loss to the parent-child relationship is real and should not be minimized.” (383)
Factual background
On October 8, 1996, Kenneth Martin was seriously and permanently injured when his vehicle was struck from behind by a semitrailer truck operated by Dallas K. Pelcher in the course and scope of his employment for Tri State Motor Transit Company. Martin suffered severe cognitive and physical impairments and required lifelong custodial care and medical treatment. His emancipated adult children, Bonnie L. Rolf and David Martin, alleged that they lost the essence of their relationship with their father, including his companionship, advice, guidance, and emotional support.
Procedural history
Bonnie L. Rolf and David Martin filed an action seeking damages for loss of consortium arising from injuries to their father, Kenneth Martin. The federal district court certified to the Supreme Court of Ohio the question whether emancipated adult children may maintain such a claim under Ohio law. The Supreme Court of Ohio answered the question in the affirmative and entered judgment accordingly.
Remand instructions
The court answered the certified question in the affirmative, allowing the federal action to proceed under Ohio law; the opinion states, "Judgment accordingly."