Villareal v. State, Department of Transportation,
774 P.2d 213 (989)

Facts: The Department was repairing a state highway when Garcia crashed his motorcycle into the construction site Garcia suffered severe personal injuries and sued the state for negligence for failure safely and properly to warn motorists ofthe maintenance activities A court-approved settlement was reached and a release discharging the state of claims of any kind was signed The settlement agreement bound Minnie Garcia as guardian and conservator for Garcia, their heirs, next of kin, executors, personal representatives or assigns Vivian, the mother and guardian then sued for all the minor children of Garcia for loss of parental consortium The state sought summary judgment.

Issue: May minor children maintain a cause of action for loss of parental con-sortium against third parties who injure their parents?

Holding: Yes. Judgments reversed and remanded. The Superior Court, Maricopa County, granted railroad car manufacturer's motion for partial summary judgment, and owner and operator's motion for judgment on pleadings, and father petitioned for special action. In consolidated appeals, the Supreme Court, Gordon, C.J., held that: (1) children may bring action for loss of parental consortium; (2) determination applied retroactively to claims of children in second and third cases; (3) children in first case were not eligible to pursue their loss of consortium claim, as father's case had been settled. Vacated and remanded.

Analysis: In these consolidated appeals, appellants, all of whom were under the age of 18 when the fatal accidents involving their parents occurred, brought suit against the state for their loss of parental consortium. The state sought summary judgment against appellants on grounds that a cause of action for loss of parental consortium did not exist in Arizona. The state also argued that if the claim was recognized, it was barred by the applicable statute of limitations and extinguished by a settlement. The trial court granted the state's motion for summary judgment on the ground that a child did not have a cause of action for loss of parental consortium in Arizona. On appeal, the court vacated the trial court decision and remanded the case for further proceedings. The court held that minor children could maintain a cause of action for loss of consortium against a third party who injured one of their parents. The court also ruled that its holding was partially retroactive and applied to certain designated children.