COURT DENIES N.H. LOST WAGES:

Parents cannot sue to recover the wages they lost while caring for their disabled adult children, a federal judge has ruled. The order came in the case of Rhonda and Mark Smith of Swanzey, N.H., whose 19-year old son Matthew suffered permanent brain injuries after a van hit his bicycle. His parents sued the van’s driver for $10 million, including Matthew’s medical bills, lifetime rehabilitation costs and “for the future economic losses attributable to the permanent inability of Matthew Smith to care for himself. But U.S. District Judge Joseph DiClerico agreed to dismiss the claim. State law clearly requires parents to care for children who become disabled before they turn 18, and past court rulings have allowed parents to sue for lost wages while caring for an injured minor child, DiClerico wrote. However, state law and court rulings are unclear on whether parents must care for children who become disabled after they turn 18, and no law gives parents the right to sue for lost income under those circumstances, DiClerico wrote.

Topics New Hampshire