9 Kentucky opinions name it 2 courts 1980–2025 4 in the last five years
The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Giuliani v. Guilergreen2 sentences2024We reiterate that “[e]ven though a wrongful death action and a loss of consortium claim may arise from the same injury, they belong to separate legal entities and consequently should not be treated as a single claim.” Giuliani v. Guiler, 951 S.W.2d 318, 322 (Ky. 1997). 2024We reiterate that “[e]ven though a wrongful death action and a loss of consortium claim may arise from the same injury, they belong to separate legal entities and consequently should not be treated as a single claim.” Giuliani v. Guiler, 951 S.W.2d 318, 322 (Ky. 1997). | 2 | 4 |
Pete v. Andersongreen2 sentences2024A loss of consortium claim “can be brought independently of a wrongful death claim, but most often are not, -8- as there must be some determination that the death was wrongfully caused in both types of actions as they ‘derive from the same injury.’” Pete v. Anderson, 413 S.W.3d 291, 302 (Ky. 2013) (Noble, J., concurring in part and dissenting in part) (citation omitted). 2024A loss of consortium claim “can be brought independently of a wrongful death claim, but most often are not, -8- as there must be some determination that the death was wrongfully caused in both types of actions as they ‘derive from the same injury.’” Pete v. Anderson, 413 S.W.3d 291, 302 (Ky. 2013) (Noble, J., concurring in part and dissenting in part) (citation omitted). | 2 | 2 |
Godbey v. University Hospital of the Albert B. Chandler Medical Center, Inc.green1 sentence2025Chandler Medical Center, Inc., 975 S.W.2d 104, 106 (Ky. App. 1998), this Court reaffirmed that a loss of consortium claim fails if the plaintiff cannot establish causation for the injury giving rise to it, stating: “As far as the claim of Mrs. Godbey to damages for loss of consortium, if no causation is established for the injuries which she alleges caused her loss, no recovery can be had.” Here, because the trial court properly granted summary judgment on all of the Estate’s underlying claims the loss of consortium claim necessarily fails. | 1 | 1 |
The Estate of Christina Wittich by and Through Judith Wittich and Frederick Wittich in Their Duly Appointed Capacities as Co-Administratrix and Co-Administrator v. Michael Joseph Flickgreen2 sentences2020In Estate of Wittich By and Through Wittich v. Flick, 519 S.W.3d 774 (Ky. 2017), the Kentucky Supreme Court ruled that an Opinion with an identical procedural history “properly falls within the type of publication status which makes it merely persuasive authority[,]” in reliance on CR 76.28(4)(c), which states: “Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state . . .” and “unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published 2020In Estate of Wittich By and Through Wittich v. Flick, 519 S.W.3d 774 (Ky. 2017), the Kentucky Supreme Court ruled that an Opinion with an identical procedural history “properly falls within the type of publication status which makes it merely persuasive authority[,]” in reliance on CR 76.28(4)(c), which states: “Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state . . .” and “unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Martin v. Ohio County Hospital Corp.
green
2 sentences2024We find further support in the case of Martin v. Ohio County Hospital Corporation, 295 S.W.3d 104 (Ky. 2009). 2024We find further support in the case of Martin v. Ohio County Hospital Corporation, 295 S.W.3d 104 (Ky. 2009). | 2 | 2024–2024 |
Department of Education v. Blevins
green
2 sentences2024The Court in that case held that a wrongful death claim and this loss of consortium claim were separate legal entities, and that “[t]he parents have [a loss of consortium] claim without regard to whether the personal representative of the decedent ever asserts a claim for wrongful death, and, indeed, without regard to whether a personal representative is ever appointed.” Blevins, 707 S.W.2d at 785 . 2024The Court in that case held that a wrongful death claim and this loss of consortium claim were separate legal entities, and that “[t]he parents have [a loss of consortium] claim without regard to whether the personal representative of the decedent ever asserts a claim for wrongful death, and, indeed, without regard to whether a personal representative is ever appointed.” Blevins, 707 S.W.2d at 785 . | 2 | 2024–2024 |
Daley v. Reed
green
1 sentence2022The Supreme Court reaffirmed its rule that a loss of consortium claim is not independent of the bodily injury claim in Daley v. Reed, 87 S.W.3d 247 (Ky. 2002). | 1 | 2022–2022 |
Brown v. Barkley
green
1 sentence2009But the Appellants (the plaintiffs at trial) did not appeal the trial court’s erroneous instruction, which had the effect “to deny [them] something for which [they have] asked,” Brown v. Barkley, 628 S.W.2d 616 , *112 619 (Ky.1982), and which therefore prevents the Appellants from undoing the trial court’s judgment. | 1 | 2009–2009 |
Floyd v. Gray
green
1 sentence2001Appellants also cite Floyd v. Gray, Ky., 657 S.W.2d 936 (1983), in which the Kentucky Supreme Court considered whether loss of consortium was a “recoverable injury” in the context of determining whether the provisions of the Motor Vehicle Reparations Act (“MVRA”) governed the limitations period for a loss of consortium claim. | 1 | 2001–2001 |
Sutherland v. Auch Inter-Borough Transit Company
green
1 sentence1980The lone exception to these cases appears to be Sutherland v. Audi Inter-Borough Transit Company, 366 F.Supp. 127 (E.D.Pa. 1973). | 1 | 1980–1980 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.