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settlementtortdefendantdamageslitigationnegligenceprecedenttrialsummary judgmentmalpracticecase law
settlementtortdefendantjurisdictiondamagesnegligenceliabilityprecedentmotionsummary judgmentsustainedmotion to dismissmotion for summary judgment

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Thompson v. Love, 661 So.2d 1131

Facts

On August 5, 1986, Alex Thompson was admitted to Delta Medical Center after sustaining injuries in a fight. He was diagnosed with a fractured mandible and later suffered from an upper airway obstruction, leading to hypoxic brain damage while under the hospital's care. His son, Alex Thompson III, claimed that his father would be permanently disabled as a result. The child's mother, Thelma Parker, filed a medical malpractice action against the hospital and the treating physician, which was settled before trial. The settlement included provisions for child support for Alex III, but the defendants argued that the child's claim for loss of parental consortium was not recognized in Mississippi and had already been settled.

On August 5, 1986, Alex Thompson (hereinafter Alex) sustained injuries in a fight and was admitted to the emergency room of Delta Medical Center for treatment.

Issue

Whether Mississippi recognizes a cause of action permitting a child to recover for loss of parental consortium when the parent is injured by a tortfeasor's negligence, leaving the parent in a permanently and totally disabled condition.

WHETHER MISSISSIPPI RECOGNIZES A CAUSE OF ACTION PERMITTING A CHILD TO RECOVER FOR LOSS OF PARENTAL CONSORTIUM WHEN THE PARENT IS INJURED BY A TORTFEASOR'S NEGLIGENCE LEAVING THE PARENT IN A PERMANENTLY AND TOTALLY DISABLED CONDITION, AND IF SO, WHETHER THE CHILD'S CAUSE OF ACTION INCLUDES DAMAGES FOR THE NET CASH VALUE OF THE PARENT'S LIFE EXPECTANCY?

Rule

The court determined that the creation of a cause of action for loss of parental consortium is a matter best left to the legislature, as Mississippi does not have statutory or case law recognizing such a claim.

Therefore, constrained by the lack of statutory or case precedent in our jurisdiction and our reluctance to judicially create the cause of action, we defer the creation of the cause of action to the legislature.

Analysis

The court analyzed the existing legal framework in Mississippi and found no precedent for recognizing a claim for loss of parental consortium. It emphasized the importance of legislative action in addressing this issue, citing concerns about public policy, potential for increased litigation, and the complexities involved in assessing damages. The court concluded that it would not create this cause of action judicially, deferring instead to the legislature to consider the implications of allowing such claims.

The issue presented to the Court is a public and social policy question of first impression concerning tort liability in Mississippi.

Conclusion

The court affirmed the lower court's grant of summary judgment, concluding that Mississippi does not recognize a claim for loss of parental consortium.

Accordingly, we affirm the lower court's grant of the defendants' motion for summary judgment since it was proper as the law existed in this state then and now.

Who won?

Delta Medical Center prevailed in the case because the court found that Mississippi law did not recognize the cause of action for loss of parental consortium.

The defendants filed a Motion To Dismiss or in the alternative for Summary Judgment on November 1, 1991, alleging Alex III's claim was not recognized in Mississippi and any such cause of action was previously settled under his father's settlement.

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