Opinion
9504931CV; CA A96312
Argued and submitted October 7, 1997, affirmed June 10, petition for review denied October 20, 1998 ( 327 Or. 620)
Filed: June 10, 1998
Appeal from Circuit Court, Klamath County.
Roxanne Burgett Osborne, Judge.
Donald R. Crane argued the cause and filed the brief for appellant.
Michael L. Spencer argued the cause for respondent. With him on the brief was Spencer, Runnels, MacArthur Porras, LLP.
Affirmed. Norwest v. Presbyterian Intercommunity Hosp., 293 Or. 543, 652 P.2d 318 (1982).
Wollheim, J., concurring.
An infant child, through her guardian ad litem, brought this negligence action against her babysitter to recover damages resulting from the loss of her mother's society, companionship, and services (loss of parental consortium). When the child was seven months old, she was entrusted to the custody and care of defendant. Defendant allegedly left the child unattended in his vehicle outside of a store. The child disappeared and has not been seen since. The trial court granted defendant's motion to dismiss the complaint for failing to allege sufficient facts to constitute a claim. I agree with the majority's holding affirming the trial court based on Norwest v. Intercommunity Hosp., 293 Or. 543, 652 P.2d 318 (1982). However, if I were writing on a clean slate, I would reverse on the reasoning set forth in Justice Lent's dissent in Norwest, 293 Or at 570-74.