DEANGELIS v. LUTHERAN MED


84 A.D.2d 17 (1981)

Barbara DeAngelis, Individually and as Natural Guardian of Deirdre DeAngelis and Others, Respondent, v. Lutheran Medical Center et al., Appellants, et al, Defendant M. Philip Amodeo, as Administrator of The Estate of Yves LeHenaff, Deceased, et al., Appellants, v. Thomas N. Precious et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 21, 1981


Attorney(s) appearing for the Case

Frank E. Maher for Lutheran Medical Center, appellant and Barry, McTiernan & Moore for Victory Memorial Hospital, appellant (one brief filed).

Moran, Spiegel, Palmer, Pergament & Brown (Donald D. Brown, Jr., and Keith V. LaRose of counsel), for M. Philip Amodeo and another, appellants.

Stutman & Rothberg (Steven W. Stutman of counsel), for Barbara DeAngelis, respondent.

J. George Spitz (James M. Fedorchak of counsel), for Thomas N. Precious, respondent.

Gross, Gross & Gross (S. Richard Gross of counsel), for American Honda and another, respondents.

HOPKINS, J. P., RABIN and COHALAN, JJ., concur.


GIBBONS, J.

The issue on these appeals is whether a child has a cause of action for the loss of parental consortium for injuries negligently inflicted on the parent by third parties. After a review of the considerable arguments that have been generated on both sides of the question, we conclude that no such cause of action should be recognized. We perceive several practical and policy considerations that support...

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