Home Alone: The Nebraska Supreme Court Rejects the Child's Right to Loss of Consortium for a Negligently Injured Parent in Guenther v. Stollberg, 242 Neb. 415, 495 N.W.2d 286 (1993)

Authors

Brian A. Mark, University of Nebraska College of Law

Abstract

Granting a child's loss of consortium claim for a negligently injured parent is a relatively young concept. This Note will examine the history behind the loss of consortium claim for a child and then discuss the three traditional notions the court employed to deny recovery: (1) lack of legal entitlement, (2) multiplicity and double recovery, and (3) calculation of damages. In addition, the fear that insurance premiums will greatly increase as a consequence of allowing an award will be discussed. Finally, some consideration will be given to the likelihood of the court reversing itself and allowing recovery sometime in the future.

Recommended Citation

Brian A. Mark, Home Alone: The Nebraska Supreme Court Rejects the Child's Right to Loss of Consortium for a Negligently Injured Parent in Guenther v. Stollberg, 242 Neb. 415, 495 N.W.2d 286 (1993), 73 Neb. L. Rev. (1994)
Available at: https://digitalcommons.unl.edu/nlr/vol73/iss2/7