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VAUGHN v. CLARKSON

No. 248PA88.

376 S.E.2d 236 (1989)

324 N.C. 108

Barbara Kramer VAUGHN, William Gary Vaughn, and Autumne Vaughn and Alana Vaughn, by Ronald Eric Vaughn, their guardian ad litem, Plaintiffs, v. George E. CLARKSON, R.T.C. Transportation, Inc., and Pavement Technology Systems, Ltd., Defendants.

Supreme Court of North Carolina.

February 9, 1989.

Attorney(s) appearing for the Case

Thorp, Fuller & Slifkin, P.A. by Anne R. Slifkin, Margaret E. Karr and James C. Fuller, Jr., Raleigh, for plaintiffs-appellants.

Young, Moore, Henderson & Alvis, P.A. by David P. Sousa and Knox Proctor, for defendants-appellees Clarkson and R.T.C. Transportation, Inc.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by Nigle B. Barrow, Jr., Susan M. Parker and Mark A. Ash, Raleigh, for defendant-appellee Pavement Technology Systems, Ltd.

Smith, Patterson, Follin, Curtis, James & Harkavy by Michael K. Curtis, Greensboro, for North Carolina Academy of Trial Lawyers, amicus curiae.

Wallace, Morris, Barwick & Rochelle by David R. Duke, Kinston, for North Carolina Ass'n of Defense Attys., amicus curiae.

PER CURIAM.

This case brings to this Court the question of whether either a child or a stepchild has a claim for loss of consortium against a third party for negligent injuries to the mother and stepmother. We conclude the child and the stepchild do not have such a claim.

The common law of this jurisdiction has refused to recognize a child's claim for loss of parental consortium when the parent was negligently injured by another, Ipock v. Gilmore, 85...

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