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SMITH v. VILVARAJAH

No. 1999-CA-002282-MR.

57 S.W.3d 839 (2001)

Carolyn M. SMITH; Carla R. Sullivan; and Clifton T. Cathey, Appellants, v. Mireille L. VILVARAJAH, M.D.; Earl Williams, M.D.; American Home Products Corporation; Wyeth-Ayerst Laboratories, a Division of American Home Products Corporation; A.H. Robins Company, Inc.; A.H. Robins Company, Incorporated; Eon Labs, Inc.; and Eon Labs Manufacturing, Inc., Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied November 14, 2001.

Attorney(s) appearing for the Case

Philip N. Elbert, Kendra E. Samson, Neal & Harwell, P.L.C., Nashville, TN, for Appellants.

Laura M. Hagan, Thomas N. Kerrick, Kerrick, Grise & Stivers, Scott Laufenberg, Bowling Green, for Appellee Mireille L. Vilvarajah, M.D.

Frank Hampton Moore, Jr., Stefan Richard Hughes, Cole, Moore & Baker, Bowling Green, for Appellee Earl B. Williams, M.D.

William D. Grubbs, Jann B. Logsdon, David T. Schaefer, Tera M. Rehmel, Woodward, Hobson & Fulton, L.L.P., Louisville, for Appellees American Home Products Corp and Wyeth-Ayerst Laboratories.

Larry C. Deener, Alex L. Scutchfield, Landrum & Shouse, Lexington, for Appellees Eon Labs, Inc., and Eon Labs Manufacturing, Inc.

Before COMBS, JOHNSON, and KNOPF, Judges.

OPINION

KNOPF, Judge:

This is an appeal from a judgment by the Simpson Circuit Court dismissing a complaint seeking recovery for loss of parental consortium. We agree with the trial court that Kentucky does not recognize a cause of action for loss of parental consortium brought by emancipated adult children of the decedent. Hence, we affirm.

The underlying facts of this action are not in dispute. Linda K. Cathey died on May 15, 1998. Subsequently...

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