Discussion Question 2: Accident and Legal Procedure

This question looks at other areas of the law and demonstrates how family law interacts. Loss of consortium is addressed, and there are specific ways that this could be a cause of action.

Karen and Danny are in their vehicle with their minor child, Daisy. They are involved in an automobile accident, and Daisy is seriously injured. Karen was driving the vehicle at the time of the accident. Jason was driving the other car involved. Can Danny sue Karen or Jason on behalf of Daisy for injuries sustained in the accident?

Why or why not? Assume Karen and Danny were engaged to be married when they are involved in this automobile accident with Jason. They were living in Idaho at the time of the accident. Karen is seriously injured in the accident. She is in the hospital for a week and is unable to return to her normal duties at home. Can Danny sue Jason for loss of consortium?

Justify your ideas and responses by using appropriate examples and references from Westlaw (including primary sources such as cases, statutes, rules, regulations, etc.), government websites, peer-reviewed legal periodicals (not lawyer blogs), which can be supplemented by law dictionaries or the textbook. This means you need to use more than just your text and legal dictionaries.