Borer v. American Airlines, Inc.

19 Cal. 3d 441, 138 Cal. Rptr. 302, 563 P.2d 858 (1977)

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Borer v. American Airlines, Inc.

California Supreme Court
19 Cal. 3d 441, 138 Cal. Rptr. 302, 563 P.2d 858 (1977)

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Facts

While in an American Airlines, Inc., (defendant) terminal at Kennedy Airport, Patricia Borer (plaintiff) was struck and injured by a falling lighting fixture cover. Borer’s nine children filed suit against American Airlines, alleging that as a result of their mother’s physical injuries, each of them had been “deprived of the services, society, companionship, affection, tutelage, direction, guidance, instruction and aid in personality development” from their mother. American Airlines demurred to the complaint for failure to state a cause of action. The trial court sustained the demurrer without leave to amend and entered judgment dismissing the suit. Borer’s children appealed. A companion case, Baxter v. Superior Court, 563 P.2d 871 (Cal. 1977), presented the claim of a mother and father for the loss of companionship and affection of their 16-year-old son.

Rule of Law

Issue

Holding and Reasoning (Tobriner, J.)

Dissent (Mosk, J.)

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