Will Kentucky ever recognize loss of consortium for a spouse in wrongful death cases?
On the third anniversary of one of the most tragic chapters in recent Kentucky history the Kentucky Supreme Court missed an historic opportunity to bring Kentucky’s law on loss of consortium for the death of a spouse into line with over 40 other states around the country.
Three years ago last Thursday, August 27, Comair Flight 5191 attempted to take off from the wrong runway at Blue Grass Airport in Lexington. The disastrous result is all too familiar to any Kentuckian. Forty nine people perished in the crash. As a result of the crash, many of the families of the victims have banded together to try and change the way the airline industry and the law address these tragic situations.
Currently, Kentucky law does not allow for a husband or wife to seek compensation for the loss of the companionship of the other after their death. Kentucky law does allow a parent to be compensated for the loss of the love and affection of a minor child and for a minor child to be compensated for the loss of the love and affection of a parent. However, presently, a husband and wife may not seek compensation for the loss of that love and affection if one of them is killed by the negligence of someone else. It may seem bizarre, but currently the law in Kentucky only allows for a husband or wife to recover for the temporary loss of the love and affection of the other if they are hurt, but not killed. As the families of the Comair Flight 5191 victims realized, this current state of the law not only makes no sense, but is patently unfair. Moreover, it is out of step with the law in over 80% of other states in the country.
As a result, some of those families have filed lawsuits seeking to have the law changed to reflect a fundamental fairness that recognizes the pain and loss imposed by the death of a spouse. Recently the Kentucky Supreme Court heard oral arguments on this very issue from these very families. This past Thursday, the day set by the Supreme Court for issuing opinions in the month of August, the Court had an opportunity to recognize the justice in allowing a husband or wife to be compensated for the loss of the other spouse. That date came and went without any ruling from the Court. Wrongful death attorney Brian D. Cook states that “we can only hope that the Justices make the fair and just decision to recognize this right for grieving spouses.”
You can read more about this decision and look for the opinion when it is published at the Kentucky Supreme Court’s website. If you, a family member, or friend has suffered from the loss of a spouse and would like to talk with a knowledgeable attorney to learn your rights, please contact the experienced wrongful death attorneys at Bahe Cook Cantley & Jones PLC for a free case evaluation.
