VILLAREAL v. STATE, DEPT. OF TRANSP.

Nos. CV-87-0361-T, CV-88-0278-SA and CV-88-0419-SA.

160 Ariz. 474 (1989)

774 P.2d 213

Vivian VILLAREAL, mother and guardian of Rachel Leah Garcia, Gregory Jesse Garcia, Pamela Jeanette Garcia, Anthony Conrad Garcia, minor children of Gregory J. Garcia; and Mellissa Ann Garcia, adult child of Gregory J. Garcia, an incapacitated person, Plaintiffs-Appellants, v. STATE of Arizona, DEPARTMENT OF TRANSPORTATION, Defendants-Appellees. Raul NEWMAN and Donna Newman, his wife, and Ronald Newman by and through his parents, Raul and Donna Newman, Petitioners/Plaintiffs, v. SUPERIOR COURT OF the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Stephen A. Gerst, a Judge thereof, Respondent Judge, SUN VALLEY CRUSHING COMPANY, an Arizona corporation; William A. Walker and Doris C. Walker, husband and wife; John Weik, Jr. and Glendine Weik, his wife, Real Parties in Interest/Defendants. Juan Antonio M. FUENTES, Carmen Dalhia M. Fuentes, and Guadalupe Angelica M. Fuentes, minors, by and through their Natural Parent, Carmen M. Fuentes, Petitioners, v. SUPERIOR COURT OF the State of Arizona, In and For the COUNTY OF MARICOPA; the Honorable E.G. Noyes, Jr., a judge thereof; and William Edward Odle and Jane Doe Odle, husband and wife; Odle & Son's Dairy, Real Parties in Interest; and Fairmont Railway Motors, a Division of Harsco Corporation, a Delaware corporation, Real Party in Interest, Respondents.

Supreme Court of Arizona.

April 20, 1989.


Attorney(s) appearing for the Case

Thomas E. Johnson, Tucson and Richard T. Platt, Coolidge, for plaintiffs/appellants, Villareal and Garcia.

Gallagher & Kennedy by Timothy R. Smock and Thomas A. Maraz, Phoenix, for defendant/appellee, State of Ariz., Dept. of Transp.

Larry G. Haddy, Ltd. by Larry G. Haddy, Phoenix, for petitioners/plaintiffs, Newman.

Jennings, Kepner & Haug by John R. Cunningham and Randy L. Sassaman, Phoenix, for real parties in interest/defendants, Sun Valley Crushing Co., Walker and Weik.

Beus, Gilbert, Wake & Morrill by Arthur N. Gorman, Phoenix, for petitioners, Fuentes.

Holloway & Thomas, P.C. by Benjamin C. Thomas and Therese M. Hansen, Phoenix, for respondent/real party in interest, Fairmont Ry. Motors, Inc., Harsco Corp.


OPINION

GORDON, Chief Justice.

We have consolidated these three cases on the issue of whether minor children may maintain a cause of action for loss of consortium against a third party who injures one of their parents. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(1) and Ariz. R. Sp. Act. 4, 17B A.R.S.

I. BACKGROUND

The background of each case as stated in the pleadings is set forth separately below.

Villareal:<...

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