Philippides v. Bernard

151 Wash. 2d 376
CourtWashington Supreme Court
DecidedApril 22, 2004
DocketNos. 73239-6; 73603-1; 73736-3; 74098-4
StatusPublished
Cited by88 cases

This text of 151 Wash. 2d 376 (Philippides v. Bernard) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Philippides v. Bernard, 151 Wash. 2d 376 (Wash. 2004).

Opinions

Ireland, J.

In these four consolidated cases the court must determine whether the legislature has eliminated the [381]*381requirement that parents of an adult child must be financially dependent on the adult child in order to recover for loss of consortium under RCW 4.24.010, the child injury/ death statute. We hold that RCW 4.24.010 requires such financial dependence.

FACTS

Philippides v. Bernard, No. 73239-6

Ianni Philippides was a 22-year-old unmarried man when he was struck by a car and killed. His sister, as personal representative of his estate, filed a wrongful death action under RCW 4.20.010. Philippides’ parents brought an action for loss of consortium under RCW 4.24.010. Defendants and plaintiffs cross-moved for summary judgment on the issue of whether the parents, who had not been financially dependent on their deceased adult son, could recover damages. The trial court ruled that the parents had a loss of consortium claim under RCW 4.24.010. The jury awarded economic damages of $891,809 to the estate and $900,000 to each parent for loss of consortium. Defendants Bernard seek direct review of the trial court’s ruling on the parents’ eligibility to recover under RCW 4.24.010. They also seek review of the trial court’s decision to allow testimony by the plaintiffs’ vocational rehabilitation expert witness.

Anderson v. Galvin Flying Services, Inc., No. 73603-1

Jon Anderson was 37 years old when he died in a plane crash. The plane allegedly malfunctioned because of faulty preflight service done by Defendant Galvin. Anderson’s wife and children recovered damages under RCW 4.20.010, and .020. Anderson’s parents’ claim for damages for loss of consortium under RCW 4.24.010 was dismissed pretrial. Anderson’s parents appeal the dismissal of their claim. Anderson’s parents also appeal the trial court’s refusal to admit into evidence certain documents relating to the investigation of the accident.

[382]*382Carlisle v. Group Health, No. 74098-4

John Carlisle was a 39-year-old unmarried man when he died from an aortic aneurysm, two days after he was examined and discharged by Group Health with instructions to follow up with his regular doctor. John Carlisle had cerebral palsy and lived with his parents.

John’s parents sought damages for loss of consortium under RCW 4.24.010, the wrongful death and survival statute. The trial court dismissed the Carlisles’ claims. The Carlisles sought review in this court.

Loomis v. City of Puyallup, No. 73736-3

Kelly Loomis was a 34-year-old unmarried man who suffered from schizophrenia. Loomis died following a struggle with the police during a schizophrenic episode. Plaintiffs alleged the police used excessive force.

Loomis’s parents filed causes of action against defendants in federal district court under RCW 4.24.010, and also under the wrongful death and survival statutes, RCW 4.20.020 and RCW 4.20.060. Defendants moved to dismiss the claims. The federal district court stayed the matter and certified to this court the following question: “Must a parent of an adult child have been financially dependent upon that child as a condition precedent to commencing suit for the child’s injury or death pursuant to Washington’s wrongful death and survival statutes: RCW 4.24.010; RCW 4.20.010; RCW 4.20.020; and/or RCW 4.20.060?” Order of Certification at 2.

ISSUES

1. Does RCW 4.24.010 permit the parent of an adult child to recover damages for loss of consortium when the parent was not financially dependent on the child?

2. Should this court recognize a common law cause of action for loss of consortium on behalf of parents of an adult child injured or killed by a negligent defendant?

[383]*3833. Does RCW 4.24.010’s requirement of dependency for parents of adult children violate the equal protection clause of the United States Constitution or the privileges and immunities clause of our state constitution?

4. Did the trial court abuse its discretion in allowing the testimony of the plaintiffs’ vocational rehabilitation expert?

ANALYSIS

The plaintiffs below—Philippides, Anderson, Loomis, and Carlisle—argue that the legislature’s 1998 amendment to RCW 4.24.010 redefined who can bring a cause of action under that statute and that the amendment allows the parent of an adult child to recover upon a showing of emotional support upon the child.

The defendants below, on the other hand, contend that the 1998 amendment affected only RCW 4.24.010’s requirement regarding parental support for minor children, and left unchanged the long-standing requirement in the statute of financial dependence for parents of adult children in order to recover. First we examine the language of the statute and its legislative history.

1. Does RCW 4.24.010 permit the parent of an adult child to recover damages for loss of consortium when the parent was not financially dependent on the child?

Statutory interpretation is a matter of law reviewed de novo. State v. Keller, 143 Wn.2d 267, 276, 19 P.3d 1030 (2001). The goal of statutory interpretation is to carry out the intent of the legislature. Seven Gables Corp. v. MGM/UA Entm’t Co.,

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Cite This Page — Counsel Stack

Bluebook (online)
151 Wash. 2d 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philippides-v-bernard-wash-2004.