Opinion
No. HHD X04 CV-04-4034585 S
March 13, 2008
MEMORANDUM OF DECISION ON MOTION TO STRIKE (#120)
After consideration, the court issues this memorandum of decision concerning the defendants' motion to strike counts three, six, and nine of the plaintiffs' revised complaint, dated May 9, 2006, which allege loss of parental consortium. The parties waived oral argument and the matter was submitted on the papers. For the reasons stated below, the motion is granted.
In the challenged counts, the plaintiff Amber Cantin alleges that she is the minor daughter of the plaintiff Robert Cantin, who alleges that he suffered severe, disabling and permanent personal injuries as the result of defendant Geraldine Ruffa's negligence, medical malpractice and carelessness. In these counts, Amber Cantin claims that she has suffered loss of parental consortium.
In Mendillo v. Board of Education, 246 Conn. 456, 495-6, 717 A.2d 1177 (1998), the Supreme Court declined to "recognize a cause of' action for loss of parental consortium by a minor child." There, based on the parent's claim of constructive discharge, the court declined to recognize a loss of parental consortium claim resulting from a serious injury to the child's parent. See id., 466 (parent alleged that she suffered severe emotional distress, mental anguish and pain, resulting in illness), 477, 485.
This court is persuaded by the reasoning of recent Superior Court decisions, which have found Mendillo to be controlling where, as is the case here, the parent alleges that the parent has suffered serious physical injuries. See Petner v. Electrical Contractors, Inc., Superior Court, judicial district of Middlesex, Complex Litigation Docket at Middletown, Docket No. X04 CV 04 4002631 (March 8, 2007, Beach, J.) (striking loss of parental consortium claims where parent alleged serious personal injuries after being hit by a car, based on Mendillo); Majette v. New London Housing Authority, Superior Court, judicial district of New London at New London, Docket No. CV 04 5000008 (July 12, 2005, Jones, J.) (striking loss of parental consortium claims where parent alleged serious physical injuries, citing Mendillo). This court is likewise required to follow Mendillo, which is controlling.
For the foregoing reasons, the defendants' motion to strike the loss of consortium claimsin counts three, six, and nine is granted. It is so ordered.