M Civ JI 52.02 Measure of Damages for Child of Injured Parent

In this case [ name of child ] is claiming that [ he / she ] sustained damages as a result of injury to [ his / her ] [ father / mother ]. If you find that [ name of parent ] [ is / would be ] entitled to damages, then it is your duty to determine the amount of money which will reasonably, fairly and adequately compensate [ name of child ] for any of the following elements of damage [ he / she ] has sustained to the present time as a result of injury to [ his / her ] [ father / mother ].

(a) *(the reasonable value of the services of [ his / her ] [ father / mother ] of which [ he / she ] has been deprived)

(b) *(the reasonable value of the society and companionship with [ his / her ] [ father / mother ] of which [ he / she ] has been deprived)

You should also include the amount of money that will compensate [ him / her ] for such of these elements of damage as you decide are reasonably certain to be sustained in the future. If any element is of a continuing nature, you shall decide how long it may continue.

**(If an element of damage is permanent in nature, then you shall decide how long [ name of child ] and [ his / her ] [ father / mother ] are each likely to live and how long [ name of child ] is likely to sustain that element of damage.)

Which, if any, of these elements of damage have been proved is for you to decide based upon evidence and not upon speculation, guess or conjecture. The amount of money to be awarded for certain of these elements of damage cannot be proved in a precise dollar amount. The law leaves such amount to your sound judgment. Your verdict must be solely to compensate [ name of child ] and not to punish the defendant.

Note on Use

*Complete this instruction by selecting the appropriate element or elements of damages, as shown by the evidence, from the clauses in parentheses. The appropriate phrases in brackets should also be given as part of the instruction.

**The sentence in parentheses should be given if appropriate.

Subsection a. is not intended for use in no-fault cases without modification.

Comment

A child has a cause of action for loss of parental consortium caused by tortious injury to the parent. Berger v Weber, 411 Mich 1; 303 NW2d 424 (1981). Consortium includes love, companionship, affection, society, comfort and solace as well as services. Id. at 17.

Special note on parent’s cause of action

A parent has no cause of action for loss of consortium when a child is negligently injured. Sizemore v Smock, 430 Mich 283; 422 NW2d 666 (1988); but the parent may sue for loss of services and medical expenses, Jakubiec v Hasty, 337 Mich 205; 59 NW2d 385 (1953). See also Sizemore, 430 Mich at 288.

History

M Civ JI 52.02 was added September 1989.