Cause of Action: Negligence damages- Loss of Consortium Title and Citation: Borer v. American Airlines, Inc. , 19 Cal. 3d 441, (1977) Identities of the Parties: PL Borer are 9 children claiming loss of consortium against D. D is an airline, in which a lighting fixture fell from on of its terminal and struck PL’s mother. Procedural History: Plaintiffs children challenged the decision of the Superior Court of Los Angeles County (California), which granted defendants' airline and company demurrer for failure to state a cause of action in plaintiffs' complaint against defendants for negligence, breach of warranty, and manufacture of a defective product, and dismissed defendant airline. Plaintiffs sought damages for loss of consortium. Facts: Mother was injured while in an American Airlines terminal by a lighting fixture negligently falling and hitting her in the head. Issue: Whether or not the children of this woman can sue D for loss of consortium? Holding and Rule: No.
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This note was uploaded on 04/13/2008 for the course HISTORY 101 taught by Professor Jenkins during the Spring '08 term at Rutgers.