Thе issue in this appeal concerns whether a parent of a negligently injured child should be permitted to recover damages against the negligent actor for the loss of society, proteсtion and companionship of the minor child. The trial court ruled that Michigan law does not recognize a cause of action in the parent of a negligently injured child for loss of companionship, society and protection of the child and as a result granted summary judgment to the defendants. We reverse.
On October 28, 1984, an automobile struck fifteen-year-old Valera Sizemore as she was riding hеr bicycle. The automobile was driven by defendant Smock and owned by defendant Peter Alumbaugh, Inc. Valera Sizemore sustained serious injuries as a result of the accident.
Valera subsequently filed suit in Genesеe Circuit Court to recover for her injuries and her mother, Veda Sizemore, joined in the action. As relevant to this appeal, plaintiffs’ complaint made the following claim for damages against the defendants on behalf of Veda Sizemore:
11. As a result of the above described accident, the Plaintiff, Veda K. Sizemore, sustained the loss of the companionship, society and protection of her daughter as well as the necessity to care for her daughter’s physical needs, and to provide medical care and treatment for her and parental concern *747 regarding the serious injuries her daughter sustained.
Defendants promptly moved for summary judgment pursuant to GCR 1963, 117.2(1) against Veda Sizemore, asserting that no Michigan statute or case recognizes a parent’s claim for loss of companionship and society when a child is negligently injured. As previously indicated, the trial court agreed and granted defendants’ motion. The court also determined that Veda did not have a cause of action for attending to her child’s medical needs, because she is compensated through the no-fault insurance act for such expenses, making a separate action unnecessary. Plaintiff Veda Sizemore now aрpeals as of right.
In
Berger v
Weber,
Analogizing and expanding the reasoning in Berger to the present case, plaintiff argues that this Court should now explicitly recognize а cause *748 of action in favor of the parent for the loss of society and companionship of a negligently injured child. Defendants maintain, however, that, because there are significant differences between the loss to a child of a parent’s companionship and society in terms of the possible effect on a child’s development and the loss to a parent of a сhild’s companionship, we should not recognize such a claim on behalf of a parent. Defendants further contend that recognition of such a cause of action would proliferate litigation because we would allegedly be required to recognize in future cases a similar cause of action on behalf of brothers, sisters, cousins, aunts, uncles, close friends and numerous others. We find dеfendants’ arguments to be unpersuasive.
Under the Michigan wrongful death act, MCL 600.2922; MSA 27A.2922, a parent may collect for the loss of society and companionship when their child is killed as a result of the negligent acts of another.
Hebert v Cole,
We are satisfied that the real anomaly is to allow a child’s recovery for the loss of a parent’s society and companionship when the loss attends the parent’s death but to deny such recovery when the loss attends the parent’s injury. [Berger, supra, P 15.]
Clearly, when a child is negligently injured a corresponding "injury” to the parent is within the foreseeable risk of harm, see
Welke v Kuzilla,
While no Miсhigan case has directly considered a parents’ cause of action for loss of society and companionship, several other states have recognized such a cause оf action. See Anno: Parent’s Loss of Child’s Society and Companionship as Element of Damage for Injury to Child, 69 ALR3d 553. At least three states have provided for such a claim by statutory enactment. Idaho Code, § 5-310; Washington Rev Code, § 4.24.010; Iowa Rules of Civil Procedure, 8.
In
Shockley v Prier,
However, still other jurisdictions have refused to
*750
recognize a cause of action in the рarent for loss of society and companionship of an injured child. See 69 ALR3d 553, § 3, pp 555-559. Most notable among these jurisdictions is California.
Baxter v Superior Court of Los Angeles Co,
19 Cal 3d 461; 138 Cal Rptr 315;
In this case, we believe that Michigan law sufficiently favors the parent-child relationship to permit a parent to recover for lost society and companionship of a negligently injured child. In modern sоciety, children are no longer viewed as financial assets, but their companionship and society are cherished. We recognize that there are fundamental differences between the dependency of a child on a parent and the dependency of a parent on a child, but do not believe that such differences should preclude recovery by a parent for the loss of society and companionship of a child injured by the negligent acts of another. Unlike the defendant, we do not believe that the recognition of such a cause of action will unnecessarily proliferate litigation or place an unfair financial burden on society. Further, whether a similar cause of *751 action should be recognized in favor of brother, sister, and other relativеs is not before us and thus the resolution of that issue must await future cases involving real controversies.
In summary, we hold that under Michigan law a parent can maintain a cause of action for loss of aid, comfort, society and companionship of their minor child against a negligent tortfeasor. In addition, like the Wisconsin court, we believe that, to be fair to the defendant, the parent’s causе of action should be combined with that of the child for the child’s personal injuries. Therefore, in this case, the trial court erred in dismissing plaintiff Veda Sizemore’s cause of action against the defendants for loss of society and companionship of her negligently injured child.
Finally, we agree with defendants’ contention that plaintiff Veda Sizemore’s exclusive recovery for her daughter’s medical expenses is under the no-fault insurance act, MCL 500.3107; MSA 24.13107. The no-fault act permits a parent to recover for the necessity of attending to an injured child. See
Van Marter v American Fidelity Fire Ins Co,
In conclusion, having found that plaintiff cаn assert a cause of action in Michigan for the loss of society and companionship of a negligently injured child, we accordingly reverse the judgment of the trial court and remand this case for reinstatement of Veda Sizemore’s claim and further proceedings.
Reversed and remanded.