About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


Case Citations [1] (Spring 2025)

handle is hein.ali/rtotelwtd0004 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2025 Citations TORTS 3D: MISCELLANEOUS PROVISIONS (DRAFTS) LIABILITY FOR PHYSICAL AND EMOTIONAL HARM CHAPTER 8. LIABILITY FOR EMOTIONAL HARM § 48C. Loss of Parental Consortium Hawaii, 2024. Quot. in sup., com. (a) cit. and quot. in sup., coms. (b) and (g) quot. in sup., Rptr's Note cit. in sup. (T.D. No. 1, 2022). (erron. cit as Restatement Third of Torts: Concluding Provisions § 48C). Adult child of resident of a facility that housed individuals who were found not competent to stand trial and not guilty by reason of insanity sued operators of the facility, seeking damages for loss of consortium after resident was severely injured by his roommates in the facility, who left him in a persistent vegetative state from which he would never recover. Following a hearing, the trial court denied operators' motion for summary judgment. This court affirmed, holding, as a matter of first impression, that Hawaii recognized a child's claim for loss of parental consortium where a third party severely injured a parent, whether the child was a minor or an adult. The court noted that, while Restatement Second of Torts § 707A completely denied recovery for loss of parental consortium, Restatement Third of Torts: Miscellaneous Provisions § 48C recognized that, since § 707A was approved, there had been a clear and substantial trend toward recognizing an adult child's claim for loss of parental consortium. HELG Administrative Services, LLC v. Department of Health, 549 P.3d 313, 320, 321. COPYRIGHT 02025 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.