Public-domain · open source
OpenJurist

57 S.W.3d 839

Smith v. Vilvarajah

Court of Appeals of Kentucky

Decided November 17, 2000

This page is marked noindex.

Court of Appeals of Kentucky · decided 2000-11-17

Cited by 14 later decisions — most recently November 2018

12 state decisions

Key passage — most relied on by later courts

“natural extrapolation of Giuliani and ... a cognizable cause of action in Kentucky.”

quoted by 1 later decision, including 556 F. Supp. 2d 665 - In Re Air Crash at Lexington Ky, August 27, 2006

Relies on Giuliani v. Guiler · Clements v. Moore

Good law ✅— No negative treatment on recordhow we know

Decided 2000-11-17

View the full empirical analysis of this case →

JOHNSON, Judge,

¶1concurring:

¶2I concur with the Majority Opinion, but choose to write separately to express my reasoning. In the interest of brevity, I adopt my reasoning from the Majority Opinion in the case of Clements v. Moore, 1999-CA-000899-MR, 55 S.W.3d 838, rendered October 27, 2000.

COMBS, Judge,

¶3dissenting:

¶4I dissent from the majority opinion as I believe that loss of consortium of an adult child is a logical and proper extension of the reasoning of Giuliani v. Guiler, Ky., 951 S.W.2d 318 (1997). Loss of financial support needed by dependent children was not the only factor considered in Giuliani. The deprivation of love, companionship, and affection was certainly a major component of the loss of consortium claim weighed in that case. That loss is in no way mitigated by the fact that a child has attained the age of majority. Indeed, the bond of love established over a lifetime of association is only enhanced by the passing of time, rendering the loss perhaps even more painful.

¶5I would recognize this natural extrapolation of Giulianiand hold a claim for loss of a parent’s consortium by an adult child to be a cognizable cause of action in Kentucky.

/57/sw3d/839 · .json · Public domain