Craft v. Hermes Consolidated, Inc.

Wyoming Supreme Court
Craft v. Hermes Consolidated, Inc., 797 P.2d 559 (Wyo. 1990)
1990 Wyo. LEXIS 101; 1990 WL 132684
Urbigkit, Thomas, Cardine, MacY, Golden

Craft v. Hermes Consolidated, Inc.

Opinion of the Court

GOLDEN, Justice.

We are presented with the following certified question from the United States District Court for the District of Wyoming:

Does Wyoming recognize a claim for relief by minor children of a negligently injured parent for loss of parental consortium?

The question is answered affirmatively by our holding in Nulle v. Gillette-Campbell County Joint Powers Board, No. 89-251, slip op. — P.2d — (Wyo., Sept. 14, 1990). In Nulle this court examined the arguments for and against the recognition of a minor’s claim for loss of parental consortium. We were persuaded by the analysis in the decisions that recognize minor children’s claims and held the claim is cognizable in Wyoming:

We hold that minor children have an independent claim for loss of parental consortium resulting from injuries tor-tiously inflicted on their parent by a third person. We further hold that this independent claim should be joined with the injured parent’s claim whenever feasible.

Nulle, at-.

Dissenting Opinion

THOMAS, Justice,

dissenting.

Consistently with the views that I expressed in Nulle v. Gillette-Campbell County Joint Powers Fire Board, — P.2d —(Wyo. 1990) (No. 89-251, decided September 14, 1990), I would answer the certified question presented in this case in the negative.

Reference

Full Case Name
Theodore CRAFT, Joyce E. Craft, and Joyce E. Craft as Guardian and Guardian an Ad Litem for Stephanie Craft, Bobbie Ray Craft, and Theodore Charles Craft, Petitioners, v. HERMES CONSOLIDATED, INC., a Delaware Corporation, Respondent
Cited By
3 cases
Status
Published