Vaughn v. Reagan

ELLIS, Justice,

dissenting.

I respectfully dissent from the majority’s opinion regarding the award of damages to Julia Reagan. I think that Texas law should recognize a minor child’s claim for loss of parental consortium when the parent is negligently injured by a third party. While the supreme court has not expressly extended recovery in such cases, its decisions in Salinas v. Fort Worth Cab & Baggage Co., 725 S.W.2d 701 (Tex.1987) and Birchfield v. Texarkana Memorial Hosp., 747 S.W.2d 361 (Tex.1987) suggest that it is close to doing so. In Sanchez v. Schindler, the court stated, “This court has recognized previously that injuries to the familial relationship are significant injuries and are worthy of compensation.” 651 S.W.2d 249, 252 (Tex.1983). The court was referring to its decision in Whittlesey v. Miller that either spouse has a cause of action for loss of consortium suffered as a result of an injury to the other spouse caused by a tortfeasor’s negligence. 572 S.W.2d 665 (Tex.1978). The injury to Julia Reagan’s relationship with her father is equally significant.

I also think this court has the authority to recognize such a claim. See Poole v. El Chico Corp., 713 S.W.2d 955, 958 (Tex.App.—Houston [14th Dist.] 1986), aff'd and remanded, 732 S.W.2d 306 (Tex.1987). The evidence in this case supports the jury’s award of damages to Julia Reagan, and I would affirm the entire judgment.