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KLAUS v. FOX VALLEY SYSTEMS3/8/1996
The opinion of the court was delivered by
The United States District Court for the District of Kansas certifies two questions of law for our determination. We have jurisdiction under K.S.A. 60-3201.
The federal district court phrased the certified questions as follows:
"1. Whether under Kansas law minor children have a cause of action against a tortfeasor for direct negligent injury to their parent, resulting in an indirect injury to them for loss of parental care and society.
"2. If the answer to question (1) is yes, can the minor child pursue the cause of action in his or her name, or does the right of action vest in the injured parent, as is the case with a spouse's loss of consortium claim under K.S.A. 23-205?"
Answer to certified questions
1. No.
2. Having answered the previous question negatively, no answer to this question is required.
Factual basis underlying the certified questions
David C. Klaus, on behalf of his minor children, Megan and Ryan Klaus (plaintiffs or Klaus children), have sued Fox Valley Systems, Inc., (Fox Valley) and Crown Cork & Seal Co., Inc., (Crown Cork) (collectively defendants) to recover damages due to loss of parental care, love, and guidance, resulting from David C. Klaus' blindness, which was caused by an explosion of a spray paint can allegedly manufactured defectively by the defendants.
Kansas decisions
This is not an issue of first impression in Kansas. In Hoffman v. Dautel, 189 Kan. 165, Syl. 1, 368 P.2d 57 (1962), we specifically held:
"A minor child has no cause of action for damages arising out of the disability of its father, caused by negligence of the defendant, with attendant loss of acts of parental guidance, love, society, companionship and other incidences of the parent-child relationship."
Justice Fatzer, writing for a unanimous court, recognized the loss of parental services to the minor but refused to create and establish a new cause of action, reasoning as follows:
"It is common knowledge that a parent who suffers serious physical or mental injury is unable to give his minor children the parental care, training, love and companionship in the same degree as he might have but for the injury. Hence, it is difficult for the court, on the basis of natural justice, to reach the conclusion that this type of action will not lie. Human tendencies and sympathies suggest otherwise. Normal home life for a child consists of complex incidences in which the sums constitute a nurturing environment. When the vitally important parent-child relationship is impaired and the child loses the love, guidance and close companionship of a parent, the child is deprived of something that is indeed valuable and precious. No one could seriously contend otherwise.
"While courts> should be ever alert to widen the circle of justice, at the same time they should proceed with caution in laying down a new rule in the light of conditions affected or to be affected by it. If this court were to conclude that a
cause of action is here alleged, the far-reaching results of such a decision would be readily apparent. A new field of litigation would thus arise between minor children and third party tort-feasors who injure either parent when it is alleged that the negligent injury contributed to the impairment or destruction of the happy family unit with resulting loss and damage to the minor children. The possibility of multiplicity of actions based upon a single tort and one physical injury, when there is added the double-
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