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PERSONAL INJURY LAW: Superior Court holds that child in utero cannot assert loss of parental consortium claim

PERSONAL INJURY LAW: Superior Court Holds That Child In Utero Cannot Assert Loss Of Parental Consortium Claim

The plaintiff claimed that on June 3, 2013, the child’s father was involved in a motorcycle accident and ultimately died as a result thereof.  The minor plaintiff was subsequently born.  The plaintiff alleged a claim for loss of parental consortium, claiming that she never had an opportunity to meet her father.  The Superior Court grants the defendant’s motion to strike the claim.  Ruling on this issue of first impression, the court states: “Since Arianna was in utero at the time of her father’s death, she cannot establish that she has been harmed by the injury to her father during his lifetime.”

Murillo v. Georges, December 31, 2015

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