Borer v. American Airlines, Inc.

California Supreme Court

563 P.2d 858 (Cal. 1977)

A cause of action for loss of consortium is limited to the marital situation and shall not be maintained for loss of parental consortium.

Relevant Facts

While in a terminal owned by American Airlines, Inc., (the defendant), Patricia Borer was injured by a falling lighting fixture. Her nine children (the plaintiffs) filed suit against the defendant, alleging that as a result of their mother’s injuries, each of them had been “deprived of the services, society, companionship, affection, tutelage, direction, guidance, instruction and aid in personality development” from their mother. The defendant demurred to the complaint for failure to state a cause of action. The trial court sustained the demurrer, without leave to amend, and entered judgment dismissing the lawsuit. The plaintiffs appealed. A companion case, Baxter v. Superior Court, 563 P.2d 871 (Cal. 1977), presented the claim of a mother and father for the loss of companionship and affection of their son.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 3, 2020

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Procedural History

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Citations

563 P.2d 858 (Cal. 1977)