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REBEN v. ELY

No. 2 CA-CIV 5174.

146 Ariz. 309 (1985)

705 P.2d 1360

William REBEN and Janice Reben, as conservators of the Estate of Frank Reben, a minor; and William Reben and Janice Reben, individually, Plaintiffs/Appellees, v. George B. ELY, M.D. and Evelyn Ely; John B. Kurtin, M.D. and Margaret Kurtin; Rose Hougland and Ernestine Miller, individually and as employees of Associated Ear, Nose and Throat Specialties, Ltd. and George B. Ely, M.D., P.C.; Associated Ear, Nose and Throat Specialties, Ltd; and George B. Ely, M.D., P.C.; and State of Arizona, Defendants/Appellants.

Court of Appeals of Arizona, Division 2, Department A.

Rehearing Denied May 6, 1985.

Review Denied September 4, 1985.

Attorney(s) appearing for the Case

Law Offices of Richard D. Grand by James G. Heckbert and Richard D. Grand, Tucson, for plaintiffs/appellees.

Slutes, Sakrison, Grant & Pelander, P.C. by Tom Slutes, Tucson, for defendants/appellants Ely.

Chandler, Tullar, Udall & Redhair by Jack I. Redhair, Tucson, for defendants/appellants Kurtin, Hougland, Miller, and Associated Ear, Nose and Throat.

Kimble, Gothreau, Nelson & Cannon by Darwin J. Nelson, Tucson, for defendants/appellants Kurtin.

Robert K. Corbin, Atty. Gen. by Richmond K. Turner and O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Larry L. Smith, Phoenix, for defendant/appellant State of Ariz.

OPINION

BIRDSALL, Presiding Judge.

Appellants present one single and unique question of first impression in this state, whether there is a cause of action available to parents in Arizona for the loss of consortium of an injured child. We are convinced that such a cause of action ought to be available and we affirm.

The facts of the case are of little significance to the legal question involved. Frank Reben, age 10, was administered a dosage of liquid...

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