Law

Loss of Parental Consortium:
Giuliani v. Guiler

Mary K. Giuliani, age 33, died during the birth of her fourth child. Her other children were 9, 7 and 3 years of age respectively. Their father filed a claim for wrongful death as administrator, his own claim for loss of consortium and a claim for loss of consortium on behalf of the four minor children. The trial judge dismissed the claim for loss of consortium of the three minor children in a one-page partial summary judgment. The Court of Appeals affirmed the dismissal but invited this Court to revisit the question of parental consortium.. The Court of Appeals stated in its opinion denying the claim that "We can only encourage our Supreme Court to revisit this issue in the light of modern developments in this area of the law." The Kentucky Supreme Court accepted discretionary review.

The Court recognized a cause of action for loss consortium by minor children. In doing so the Court stated, "Recognition of loss of consortium as a proper development of the common law does not invade the province of the legislature to determine public policy questions. It is beyond challenge that public policy is determined by the constitution and the legislature through the enactment of statutes. However, when those organs of public policy are silent, the decision can be made by the courts".

• Brief for Appellants - 1997 [Download]
• Appellee Brief - 1997 [Download]
• Appellee Brief2 - 1997 [Download]
• Appellee Brief3 - 1997 [Download]
• Combined Reply Brief for Appellants - 1997 [Download]
• Motion to Recuse - 1997 [Download]
• Appellants Memo in Opposition to Appellees Motion to Recuse - 1997 [Download]
• Motion for Leave to File Reply Memo in Support of Motion to Recuse - 1997 [Download]
• Appellants Response in Opposition to Appellee's Motion for Leave to File Reply Memo - 1997 [Download]
• Motion for Leave to File Supplemental Evidence in Support of Motion to Recuse - 1997 [Download]
• Appellants Response in Opposition to Appellee's Motion for Leave to File Supplemental Evidence in Support of Motion to Recuse - 1997 [Download]
• Opinion of the Court - 1997 [Download]
• Appellee Brief3 without appendix - 1997 [Download]
• Brief for Appellants without appendices - 1997 [Download]